Railroad employee’s death on way to job site not negligence

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 July 23, 2019 9:26 AM

In today’s case, the 7th U.S. Circuit Court of Appeals addressed two questions under the Federal Employers Liability Act in the death of a railroad employee who was hit by a snowplow while on his way to clear railroad tracks of snow.The 7th Circuit had to decide whether the employee was within the scope of his employment while traveling to the job site in his private auto and whether BNSF Railway was negligent under the FELA.In Guerrero v. BNSF Railway Co., 2019 WL 3213073 (7th Cir. 2019), Rita Guerrero, widow of …

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