Louisiana Record

Wednesday, September 18, 2019

Motion for summary judgment in injury lawsuit against Illinois Central Railroad Co. dismissed

Lawsuits

By Payton Kuhn | Jun 2, 2019


NEW ORLEANS – The U.S. District Court for the Eastern District of Louisiana has dismissed a motion for summary judgment on the issue of liability against the Illinois Central Railroad Co.

The plaintiff, Victor Andrews, had filed the suit against the company citing an injury he had sustained while working as a conductor on one of their trains. He claimed that while “attempting to secure a handbrake, the brake stopped turning,” and caused him to “sustain injuries to his neck, shoulder, spine,” and around his body.

Andrews had moved for summary judgment regarding the issue of liability, “leaving only the issue of damages for jury determination.”

Judge Susie Morgan, in a decision released on May 16, denied the motion.

In her summary, Morgan explained although the defendant “admits it violated the SAA in connection with the handbrake,” that there remain genuine questions regarding which incidents truly cause Andrews’ injuries.

Ultimately, the court had found that “the plaintiff has not shown he is entitled to judgment,” considering that it is wholly unclear the handbrake incident was the root source of the plaintiff’s injuries, and that an incident occurred later in the night of the same incident that raises concerns of fact.

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U.S. District Court for the Eastern District of Louisiana

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