8 F.3d 584 (7th Cir. 1993), 92-4148, Taylor v. Illinois Cent. R. Co.

Docket Nº:92-4148.
Citation:8 F.3d 584
Party Name:Robert E. TAYLOR, Plaintiff-Appellant, v. ILLINOIS CENTRAL RAILROAD COMPANY, Defendant-Appellee.
Case Date:October 29, 1993
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit

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8 F.3d 584 (7th Cir. 1993)

Robert E. TAYLOR, Plaintiff-Appellant,



No. 92-4148.

United States Court of Appeals, Seventh Circuit

October 29, 1993

Argued Sept. 23, 1993.

Laurence C. Acker (argued), Henslee, Monek & Henslee, Patrick J. Harrington, Robert Earl Harrington, Jr., Harrington, Thompson, Acker & Harrington, Jr., Chicago, IL, for plaintiff-appellant.

Paul M. Brown (argued), Robert T. Mills, Coburn & Croft, St. Louis, MO, for defendant-appellee.

Before FLAUM and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

In an action under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51 et seq., Robert Taylor ("Taylor") sued his employer, Illinois Central Railroad Company ("Illinois Central"), for injuries he sustained while attempting to board a moving train. He sued Illinois Central for negligence, alleging in part that the ballast Illinois Central used under the tracks was too large and therefore unstable, causing him to fall. A jury found Illinois Central was not negligent in providing a reasonably safe workplace under

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FELA. Taylor appeals both the district court's exclusion of one of his expert witnesses and two of the district court's jury instructions. We have jurisdiction under 28 U.S.C. § 1291. We affirm.


On March 19, 1988, Taylor was working as a conductor on a train originating in Bluford, Illinois, bound for Mattoon, Illinois. En route, the crew made a stop at a rail yard in Effingham, Illinois to remove and add some rail cars. After the crew had finished their work in Effingham, they broke for lunch. Prior to going to lunch, Taylor decided to put some of his belongings in one of the engine cars. The engineer, D.C. Brubaker, was moving the train away from an automobile intersection at a speed of approximately 7-10 miles per hour when Taylor attempted to board the engine car. Rather than board the train near the intersection, where the ground underneath the tracks was primarily asphalt pavement, Taylor walked approximately 120 feet south of the intersection where the ground underneath the tracks consisted of "mainline" ballast. Mainline ballast is primarily limestone or other rocks, between one and three inches in diameter. While attempting to board the moving train, Taylor stepped up with his right foot but slipped with his left foot. He felt a "pop" in his left leg, and was taken to the hospital where doctors treated him for a broken leg.

Taylor alleged in part that Illinois Central was negligent in not using "yard"...

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