ILNews

Federal judge: No new jury trial, judgment

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrint
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."
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT