Ronald Ward v. Soo Line Railroad Company

Hamilton, Circuit Judge.

*871 Ronald 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, these facts could give rise to a lawsuit under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq. Because Ward's seat collapsed across the border in Ontario, however, the FELA does not apply. Instead, Ward pursued his tort claims under state common law. Ruling on the defendants' motions to dismiss and for judgment on the pleadings for failure to state a claim, the district court rejected…