Koss v Iowa, Chicago & Eastern RR Corp.

Brian James Donahoe

Practice Area:Federal Regulation

Outcome:Defense verdict at trial, upheld on appeal

Description:Successfully defended against claims under the Federal Employers' Liability Act (FELA) and Safety Appliance Act (SAA) at trial, where employee sued railroad employer for slip off locomotive due to allegedly missing or defective non-slip treatment on walkway or platform. Court granted summary judgment on SAA claims as locomotive was not in use (was just outside shop where it had been in for quarterly inspection, and not yet released for service). At trial, plaintiff claimed industry standard and company standards were violated by failing to have non-slip paint over diamond plate surface of platform on locomotive. Jury verdict for defense was affirmed on appeal at Case No. 08-438/07-1383, found at: http://www.judicial.state.ia.us/court_of_appeals/Recent_Opinions/20081113/8-438.pdf