Melvin Ammons, et al. v. Wisconsin Central, Ltd.

Section 5 of the Federal Employers Liability Act, 45 U.S.C. § 55, states: Any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this act shall to that extent be void.... The questions presented are:

1. When a railroad files a counterclaim for property damage in an injured employee’s FELA action to purposely or intentionally evade FELA liability to the employee, is the counterclaim a void device under Sections Five and/or Ten of the FELA, 45 U.S.C. §§ 55 and 60, as the Washington Supreme Court has held; or is it not as the Illinois Supreme Court held below?

2. When a railroad files a counterclaim for property damage in an injured employee’s FELA action, does the counterclaim violate the statutory limitations on comparative negligence found in Sections Three and Four (a) of the FELA, 45 U.S.C. §§ 53 and 54a?

3. When a railroad files a counterclaim for property damage in an injured employee’s FELA action, is the railroad seeking an impermissible setoff under the proviso in Section Five of the FELA, 45 U.S.C. § 55?