Philip A. Syverson v. Consolidated Rail Corporation

JACOBS, Circuit Judge:

Plaintiff-appellant Philip Syverson brought an action under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51-60 (1986), charging that allegedly unsafe conditions at his employer’s railyard contributed to an incident in which Syverson, sitting in his parked car, was attacked by a knife-wielding stranger. The district court granted summary judgment in favor of Syverson’s employer, Consolidated Rail Corporation (“Conrail”), holding that a sudden violent attack by a crazed trespasser was inherently unforeseeable, and that Conrail could not be deemed negligent…