• Our client’s Plaintiff claimed supervisor crushed knee and ankle in door after disagreement about uniform
  • Further claimed he was threatened with retaliation if he were to file an injury report


  • Defense was that the attack never happened and Plaintiff invented the claim to avoid disciplinary action after insubordination
    • Client argued that Plaintiff would have been dismissed even if he had not filed injury report
  • Cross examination of doctors revealed that Plaintiff had long-standing degenerative conditions in both knee and ankle. Orthopedic expert testified that knee and ankle issues were pre-existing, chronic arthritis and not acute or traumatic in origin
  • Defense claimed that HR statements used at trial were confidential and cumulative, and that the photo used was not a reenactment, and was irrelevant to fair and impartial hearing


  • 12-person jury in the U.S. District Court for the Northern District of Illinois rendered verdict of no liability on the issue of retaliation—the first FRSA jury verdict in Illinois
  • Judge directed a verdict against Plaintiff – delay of medical treatment – at end of all evidence


  • In depth knowledge of medical depositions
  • Thorough understanding of railyard operations to demonstrate attack could not have happened