Illinois Supreme Court
Ammons v. Canadian National Ry. Co.
February 5, 20212019 IL 124454
Summary
The court held that sections 55 and 60 of the Federal Employers’ Liability Act do not prohibit a railroad employer from asserting a counterclaim against employees for property damage allegedly caused by their negligence. Applying the statutory text, ejusdem generis, the employer’s common-law rights, federal appellate authority, and congressional silence, the court concluded that a counterclaim neither exempts the railroad from FELA liability nor prevents employees from providing information about an injury. The court reversed the appellate court and remanded for further proceedings.