JAQUA v. CANADIAN NAT. R.R., INC.

Docket No. 268506.

734 N.W.2d 228 (2007)

274 Mich. App. 540

Therese A. JAQUA, as personal representative of the Estate of John D. Jaqua, Plaintiff-Appellee, v. CANADIAN NATIONAL RAILROAD, INC., d/b/a Grand Trunk Western Railroad, Inc., Defendant-Appellant.

Court of Appeals of Michigan.

Decided March 6, 2007 at 9:10 a.m.

Released for Publication June 21, 2007.


Attorney(s) appearing for the Case

Doran & Murphy, L.L.P. (by Michael H. Doran, George S. Adamson, and Scott J. Whitbeck), Buffalo, NY, for the plaintiff.

Gallagher Sharp (by Kevin C. Alexandersen, Sheila A. McKeon, Holly M. Olarczuk-Smith, Colleen A. Mountcastle, and Anna S. Fister) Cleveland, OH, for the defendant.

Before: SAAD, P.J., and MARK J. CAVANAGH and SCHUETTE, JJ.


SAAD, P.J.

I. Nature of the Case

The railroad employer's appeal of the trial court's denial of summary disposition on plaintiff's claim under the Federal Employers' Liability Act (FELA), 45 U.S.C. 51 et seq., raises a question of the permissible scope of releases under FELA. Section 5 of FELA prohibits a railroad from requiring employees to sign agreements that allow the railroad to escape liability imposed under the act. But the United States Supreme...

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