Andrew L. Ward, Jr. v. Illinois Central Railroad Company

KITCHENS, PRESIDING JUSTICE, DISSENTING:

¶26. Were this case governed by general contract law, I might agree with the majority's position that no genuine issues of material fact exist on whether Larry Seward waived his right to recover from Illinois Central Railroad for the brain cancer that ultimately killed him. But this case arose under the Federal Employers' Liability Act (FELA), which was intended "to provide liberal recovery for injured workers." Kernan v. Am. Dredging Co. , 355 U.S. 426 , 432, 78 S.Ct. 394 , 2 L.Ed. 2d 382 (1958) (citing Rogers v. Mo. Pac. R.R. Co. , 352 U.S. 500 ,…