ILNews

Federal judge: No new jury trial, judgment

Michael W. Hoskins
January 1, 2008
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A federal judge in Fort Wayne won't give a former train conductor a new trial relating to injuries he sustained during work.

The decision from U.S. District Judge William C. Lee in the Northern District came Thursday in Terry Lee Wilcox v. CSX Transportation. The case involved claims by the 30-year employee that he couldn't work following injuries he developed over time that resulted in more specific injuries in 2002 and 2004. After a five-day trial in October, the jury decided in favor of the railroad company.

But Wilcox asked Judge Lee to set aside the verdict, maintaining that it was contrary to the clear weight of the evidence and that the "evidence adduced at trial of this action points so strongly and overwhelmingly in favor of Plaintiff that reasonable jurors could only arrive at a verdict in Plaintiff's favor."

Judge Lee declined to do that, saying that Wilcox failed to provide any evidence supporting negligence, the issues were not overly complex, the evidence was not in dispute, and there was no "pernicious or undesirable occurrence at trial."

"The true crux of Wilcox's argument in his motion for a new trial or judgment as a matter of law is that the jury's verdict was simply wrong," Judge Lee wrote. "Wilcox is understandably disappointed with the outcome at trial, as any losing party would be. No doubt this disappointment is compounded by the fact that a plaintiff in a FELA (Federal Employers' Liability Act) action carries a rather 'featherweight' burden of proof."

The judge added, "In this case, Wilcox has not met his burden of establishing that he is entitled either to a new trial or to a judgment as a matter of law. He has not raised any issue that establishes that the jury's verdict was clearly erroneous or that the trial - or any part of it - was manifestly unfair to him."
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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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