McBRIDE v. CSX TRANSP., INC.

No. 08-3557.

598 F.3d 388 (2010)

Robert McBRIDE, Plaintiff-Appellee, v. CSX TRANSPORTATION, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 16, 2010.


Attorney(s) appearing for the Case

Michael A. Gross, St. Louis, MO, Lawrence M. Mann (argued), Alper & Mann, Bethesda, MD, Robert P. Marcus, Kujawski & Associates, P.C., O'Fallon, IL, for Plaintiff-Appellee.

Dan Himmelfarb (argued), Mayer Brown LLP, Washington, DC, for Defendant-Appellant.

Before RIPPLE, ROVNER and SYKES, Circuit Judges.


RIPPLE, Circuit Judge.

Robert McBride instituted this action under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51-60, seeking compensation for an injury that he sustained while performing switching operations for his employer, CSX Transportation, Inc. ("CSX"). A jury returned a verdict in Mr. McBride's favor, and the district court entered judgment on the jury's verdict. CSX appealed, and, for the reasons set forth in this opinion, we now...

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