US 7th Says FELA Damages Reduced by State Settlement

The United Stated Court of Appeals for the Seventh Circuit ruled that, in a Federal Employer's Liability Act (FELA) claim, an employer should be held liable for all damages suffered by its employee, reduced by the employee's comparative negligence, all under the FELA, and further reduced by the third party tortfeasors settlement amount as determined by state law.In Schadel vs. Iowa Interstate Railroad (02-2379, 08/25/04), Douglas Schadel was employed as a conductor by the Iowa Interstate Railroad (IAIS). On December 31, 1997, Schadel was hit by a vehicle driven by Brenda Kowalewicz, which ...