Espinosa v. Norfolk & Western Railway Co.

This is an action for damages under the Federal Employers’ Liability Act (45 U.S.C. § 51 et seq. (1976)) in which the sole issue before us is whether the trial judge’s denial of defendant’s motion to dismiss on forum non conveniens grounds constituted an abuse of discretion.

Plaintiff, Jose A. Espinosa, was employed by defendant, Norfolk and Western Railway Company, as a section foreman in its Melvindale, Michigan, yards. Melvindale is a Detroit suburb located some 530 miles from Edwardsville, the county seat of Madison County, Illinois. While so employed plaintiff was injured when his foot…