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No. 127240
| Keith A. Hubbard, |
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Steven A. Hicks |
Plaintiff-Appellee, |
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vs (Wayne - Drain, G.) |
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| National Railroad Passenger |
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Mary C. O'Donnell |
Corporation a/k/a Amtrak, |
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Defendant-Appellant, |
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Sauk Trail Development, Inc., a/k/a Sauk Trail |
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Hills Development, Allied Waste Systems, Inc., a/k/a |
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Allied Waste Industries, Inc., et al, |
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Defendants. |
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| ______________________________________ |
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Click to view briefs in Adobe format:
Plainitff-Appellee's Response to Application for Leave to Appeal>>
Plaintiff-Appellee's Supplemental Brief Responding to Application for Leave to Appeal>>
Defendant-Appellant's Application for Leave to Appeal>>
Defendant-Appellant's Supplemental Brief in Support>>
Defendant-Appellant's Reply Brief>>
Defendant-Appellant's Motion to Stay>>
Background
Keith A. Hubbard, a senior train engineer, was injured in a 1988 accident at a railroad crossing in Canton Township . He was operating the train out of a "cab car," which does not have power, but contains all of the controls necessary to operate the train. The locomotive's side mirror struck a truck that was partially in the crossing. Hubbard tried to get out of his seat, but he had trouble because the opening to the exit was narrow and the seat did not swivel without releasing a latch. He jumped over the edge of the arm rest, hit the floor, and was injured. Hubbard sued his employer Amtrak under the Federal Employers' Liability Act (FELA), 45 USC 51, et seq . Hubbard contended that there is a design flaw in the cab seat, but he did not produce expert testimony to support his theory. The trial court dismissed Hubbard's FELA claim, concluding that he failed to produce sufficient evidence that the seat was defective. The Court of Appeals reversed, with one judge dissenting. Amtrak appeals.
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