A divided Illinois Appellate Court last week ruled that a railway carrier could not raise a defense to its liability under the Federal Employers Liability Act predicated on a claim that a drunken third-party motorist was the sole cause of an employee's on-the-job injuries.
The court explained that FELA permits a railway worker to recover all of his damages from his employer, as long as the employer's negligence contributed in any way to his injury. So if there is evidence of any negligence by the employer, the court said, evidence of negligence by anyone else becomes inadmissible.
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