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MISTER v. NORTHEAST ILLINOIS COMMUTER R.R. CORP.

No. 08-2234.

571 F.3d 696 (2009)

Gary MISTER, Plaintiff-Appellant, v. NORTHEAST ILLINOIS COMMUTER RAILROAD CORPORATION, doing business as Metra Metropolitan Rail, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 9, 2009.

Attorney(s) appearing for the Case

James T. Foley, Attorney (argued), Foley Law Group, LLC, Westmont, IL, for Plaintiff-Appellant.

Catherine B. Weiler, Attorney (argued), Swanson, Martin & Bell, Chicago, IL, for Defendant-Appellee.

Before BAUER, RIPPLE and WOOD, Circuit Judges.

BAUER, Circuit Judge.

After a long work day, Gary Mister walked toward his car, slipped, fell, and sued his employer, the Northeast Illinois Commuter Railroad Corporation (Metra), under the Federal Employers Liability Act. 45 U.S.C. § 51 et seq. At the hospital, Mister could not discuss the incident with Metra Safety Officer Kirk Kroner because he was in pain. But Kroner discussed the fall with Mister's supervisors, who were present at the hospital but...

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