The U.S. Court of Appeals for the Seventh Circuit has affirmed a decision by a federal magistrate judge regarding an injured railroad worker. Chance Kelham, a railroad engineer for CSX Transportation Inc., was operating a mile-long freight train that had two locomotives and 69 empty cars. He was ordered to halt his train briefly on a parallel track to allow another train with a higher priority to pass him. Kelham halted his train.
Problems occurred when a third train, which was also ordered to wait on the parallel track, did not stop and collided with Kelham’s train from behind.
Kelham was injured and sued CSX, claiming it was negligent and was the cause of his injury. He sought compensation under the Federal Employers’ Liability Act (FELA).