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Judgment – Costs
By: Derek Hawkins//November 18, 2019//
Listen to this article7th Circuit Court of Appeals
Case Name: Marvin Abernathy v. Eastern Illinois Railroad Company
Case No.: 18-2068; 18-2153
Officials: KANNE, SYKES, and HAMILTON, Circuit Judges.
Focus: Judgment – Costs
Plaintiff Marvin Abernathy was injured while working for defendant Eastern Illinois Railroad Company. He sued under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq., alleging that the Railroad negligently failed to provide reasonably safe working conditions by failing to provide appropriate equipment for the job he was doing when he was hurt.
A jury awarded Abernathy $525,000 in damages. The Railroad moved for judgment as a matter of law or a new trial. The district court denied both requests, and the Railroad has appealed, raising a host of issues. Abernathy has filed a cross-appeal asserting that the district court erred by not awarding him sufficient costs to cover his expert witness fees. We affirm Judge Myerscough’s decisions in all respects.
Affirmed
Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.
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