Ward v. Soo Line Railroad Co., No. 17-2150 (7th Cir. 2018)Annotate this Case
Ward injured his shoulder and back when his seat collapsed in the train he was operating. Ward is a U.S. resident who is employed by a U.S. railroad, normally covered by the Federal Employers’ Liability Act (FELA), 45 U.S.C. 51. Because Ward’s seat collapsed across the border in Ontario, the FELA does not apply. Instead, Ward pursued his tort claims under state common law. The district court rejected Ward’s claims by holding that another federal law, the Locomotive Boiler Inspection Act (LIA), 49 U.S.C. 20701, preempted all state tort law remedies for injuries caused by locomotive equipment. The Seventh Circuit affirmed. The federal railroad-safety statutes left plaintiff one path that is viable and not preempted: He could assert state-law tort claims against the defendants that borrow the applicable standards of care from the federal LIA and its regulations governing the safety of locomotive equipment. Plaintiff pursued that viable theory in the district court, but, on appeal, waived any claim based on this theory.