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Negligence – Summary Judgment

By: Derek Hawkins//March 1, 2017//

Negligence – Summary Judgment

By: Derek Hawkins//March 1, 2017//

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WI Court of Appeals – District II

Case Name: James J. Manowske v. Wisconsin Central Ltd

Case No.: 2016AP147

Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.

Focus: Negligence – Summary Judgment

James J. Manowske appeals an order dismissing his negligence claims against his employer, Wisconsin Central Ltd., under the Federal Employers’ Liability Act (FELA). Manowske’s suit was based on injuries suffered after he slipped and fell on ice while on the job. The circuit court granted summary judgment in favor of Wisconsin Central, determining that as a matter of

law, Manowske’s injuries were not foreseeable. Manowske argues that the circuit court incorrectly applied the FELA’s liability standard and that a genuine issue of material fact exists on the question of foreseeability. Wisconsin Central argues that summary judgment on the question of foreseeability was proper and asserts as an alternative ground supporting the propriety of summary judgment that Manowske was the sole cause of his injuries. We agree with Manowske and conclude that on the evidence before the circuit court and in light of the FELA’s relaxed liability standard, summary judgment was improper. Accordingly, we reverse and remand for further proceedings.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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