Kopplin v. Wisconsin Central Limited, No. 17-3602 (7th Cir. 2019)Annotate this Case
Kopplin, a former train conductor, brought claims of negligence and negligence per se against the Wisconsin Central railroad under the Federal Employers’ Liability Act, 45 U.S.C. 51, alleging that Kopplin injured his elbow in trying to operate a broken railroad switch on January 24, 2014. The district court granted the railroad summary judgment because Kopplin could not prove that the broken switch caused his injury. The Seventh Circuit affirmed. A video of the incident shows no immediate signs of injury and Kopplin never mentioned any pain to his coworkers until two hours later. He had continued to perform other physical tasks. Kopplin’s sole causation expert conceded, in a deposition, that he knew so little about Kopplin’s job that it would be mere speculation to say throwing a switch even could cause the elbow injury and that he did not investigate whether Kopplin’s other physical activities could have caused his renewed elbow problems. That expert later provided an affidavit in which he definitively stated that the January 24 incident caused the elbow injury, explaining that the nature of the injury was so clear that there was no need to even consider other potential causes. The judge refused to consider the affidavit because it contradicted sworn deposition testimony.