Balough v. Northeast Illinois Regional Commuter Railroad

Presiding Justice Lavin and Justice Salone concurred in the judgment and opinion.

OPINION

Plaintiff, Harry Balough, a locomotive engineer for defendant Northeast Illinois Regional Commuter Railroad Corporation, d/b/a Metra (Metra), was injured when the latches on a trapdoor on a Metra train cab car malfunctioned and the trapdoor fell on his head. At the time of his injury, plaintiff was on his way to move the train car to place it into service on Metra’s commuter lines. Plaintiff sued Metra under the Federal Employers Liability Act (FELA) (45 U.S.C. §51 et seq. (2000)), for a violation of the…