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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...