Sorrell was driving a dump truck loaded with asphalt to repair railroad crossings when another Norfolk truck

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Sorrell was driving a dump truck loaded with asphalt to repair railroad crossings when another Norfolk truck approached. Sorrell claimed he was forced off the road. The truck flipped and he was injured. Sorrell sued Norfolk under the Federal Employer’s Liability Act (FELA). Norfolk defended by arguing that Sorrell was responsible for his own injuries because he negligently drove into the ditch. The legal question before the Court was whether, under the FELA, the same comparative standard should be applied as is applied in other negligent cases. What is the policy behind adopting comparative fault, and should it be applied here?

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Law for Business

ISBN: 978-1259722325

13th edition

Authors: A. James Barnes, Terry M. Dworkin, Eric L. Richards

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