Taft successfully defended client Union Pacific Railroad Company against claims brought under the Federal Employers’ Liability Act (FELA). Plaintiff Kera Morgan, as the administrator of the estate of her late husband Phillip, sued Union Pacific claiming that alleged instances of workplace harassment caused Phillip to take his own life. The Iowa district court entered summary judgment for Union Pacific and the Iowa Supreme Court agreed to hear the case as a matter of first impression in that state; specifically, answering whether suicide is compensable if the injury allegedly caused by the railroad falls outside the “zone of danger” test adopted by the United States Supreme Court for evaluating FELA negligence claims stemming from emotional injuries. The Iowa Supreme Court agreed with Union Pacific that such injuries are not compensable, holding that the zone of danger test applies in such cases and, accordingly, the district court correctly entered summary judgment for the railroad.
Taft partners Jonathan Amarilio and J. Timothy Eaton, with associate Benjamin Morrell, represented Union Pacific alongside Joseph F. Moser of Finley Law. Eaton and Amarilio are co-chairs of the firm’s Appellate group. Eaton has a distinguished career in commercial and appellate litigation, as well as arbitration, and has been involved in a number of high-profile cases. Amarilio is especially experienced representing clients in the Illinois Appellate Court, the Illinois Supreme Court, and the United States Court of Appeals for the Seventh Circuit. Morrell is a litigator in Taft’s Employment and Labor Relations and Appellate groups. He has argued in the Seventh Circuit Court of Appeals and briefed cases in federal and state appellate courts across the country.
Union Pacific remains committed to maintaining a safe and supportive work environment for all its employees.