Jaqua v. Canadian National Railroad

SAAD, EJ.

I. NATURE OF THE CASE

The railroad employer’s appeal of the trial court’s denial of summary disposition on plaintiffs claim under the Federal Employers’ Liability Act (FELA), 45 USC 51 et seq., raises a question of the permissible scope of releases under FELA. Section 5 of FELA prohibits a railroad from requiring employees to sign agreements that allow the railroad to escape liability imposed under the act. But the United States Supreme Court has also ruled that § 5 does not prevent an employer from settling a specific claim and controversy with an employee. The narrow question here…