Indiana Justices Toss FELA Injury Suit Against Rail Operator

By Jonathan Capriel (December 17, 2021, 8:44 PM EST) -- A commuter rail employee who was injured while working on the Chicago section of the South Shore Line can no longer sue the rail operator under the Federal Employers' Liability Act, the Indiana Supreme Court said, finding that state law required him to give pre-suit notice within 180 days of the injury.

The justices said Thursday that the Northern Indiana Commuter Transportation District — which operates the Chicago to South Bend line — doesn't have to face FELA claims brought by track worker Clarence Lowe. That's because he had to file a notice within 180 days, according to the Indiana Tort...

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