Plaintiff filed a two-count complaint under the Federal Employers’ Liability Act and common law negligence against the defendant. The trial court granted defendant’s motion to dismiss count I and defendant’s subsequent motion for summary judgment on count II and plaintiff appealed. On appeal, plaintiff argued that the trial court incorrectly concluded that plaintiff’s workers’ compensation claim was a bar to any claim pursuant to FELA and that the trial court incorrectly applied judicial estoppel to grant summary judgment. The appellate court reversed, finding that the defendant’s motion to dismiss should have been denied due to the presence of disputed factual issues and that there was a genuine issue of material fact that precluded entry of summary judgment. (LAMPKIN and MARTIN, concurring)
Illinois Appellate Court
Civil Court
Personal Injury