Doctor’s affidavit contradicts pretrial statements in FELA case

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted February 19, 2019 10:02 AM

Today’s case involves the question of whether a doctor’s deposition testimony equivocating that throwing a railroad track switch caused the plaintiff’s injury can be contradicted by the doctor’s subsequent affidavit that the switch pull indeed caused the railroad conductor’s injury.In Kopplin v. Wisconsin Central Ltd., d/b/a CN, 2019 WL 407085 (7th Cir. 2019), plaintiff Jeffery Kopplin, a Wisconsin Central Railroad conductor, claimed he injured one of his elbows throwing a broken snow-covered …

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