Judge Barbara Kahn
Railroad superintendent Peterson gave his "ice creepers"—over-the-shoe traction devices—to a subordinate. He later fell and was injured while inspecting a locomotive. He was treated and continued working until he got into a car accident, after which he went on leave to recover from his injuries. Peterson's employment was terminated after his Family and Medical Leave Act leave expired. Seeking dismissal from his lawsuit asserting negligence under the Federal Employers' Liability Act (FELA) and disability bias violating the Americans with Disabilities Act (ADA), defendants argued that because Peterson "admitted" that he received his paycheck from defendant entity Springfield Terminal Railway Co., only Springfield was his employer. The court dismissed Peterson's Americans with Disabilities Act (ADA) claims against individual defendants with prejudice, and against the so-called Entity Defendants without prejudice. Peterson did not allege prior exhaustion of his administrative remedies. Nor did he point to any accommodations that would have permitted him to perform the essential functions of his position, or any vacant positions he could fill, after his disability allegedly prevented him from performing his normally assigned duties.
