Ammons v. Wisconsin Central, Ltd.

(1) Whether, when a railroad files a counterclaim for property damage in an injured employee"s Federal Employers Liability Act action to purposely or intentionally evade FELA liability to the employee, the counterclaim is a void device under Sections 5 and/or 10 of the FELA, as the Washington Supreme Court has held, or whether it is not, as the Illinois Supreme Court held below; (2) whether, when a railroad files a counterclaim for property damage in an injured employee"s FELA action, the counterclaim violates the statutory limitations on comparative negligence found in Sections 3 and 4(a) of the FELA; and (3) whether, when a railroad files a counterclaim for property damage in an injured employee"s FELA action, the railroad is seeking an impermissible setoff under the proviso in Section 5 of the FELA.