Ciosek v. Indiana Harbor Belt Railroad

Plaintiff, David A. Ciosek, riding on the leading platform of a caboose of one of defendant Indiana Harbor Belt Railroad Company’s (the railroad) moving trains, was injured when defendants Ole Fredricksen and Son and John Fredricksen (defendants) backed a truck into the side of the caboose. Plaintiff sued the railroad under the Federal Employers’ Liability Act (FELA), alleging the failure to furnish a reasonably safe place to work, and the Fredricksons, alleging negligence in the operation of their truck. The railroad answered, denying liability, and filed a counterclaim against the…