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7th Circuit Rejects Worker's Attempt to Use Res Ipsa Loquitur in FELA Claim

By WorkCompCentral

Wednesday, February 27, 2019 | 0

The U.S. 7th Circuit Court of Appeals upheld the dismissal of an injured railway worker’s claim under the Federal Employers Liability Act for his injuries from a malfunctioning drill. Case: Ruark v. Union Pacific Railroad Co., No. 17-2429, 02/20/2019, published. Facts: Danny Ruark worked for the Union Pacific Railroad Co. He suffered injuries at work in September 2013 when a hydraulic rail drill malfunctioned and sprayed him with hot oil. Procedural history: Ruark filed a claim against Union under the Federal Employers Liability Act in March 2014. In June 2016, Ruark began a prison s...

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