Widow Had Standing to Revive Husband's FELA Claim, Court Says

FRANKFORT, Ky. - A widow may move to revive her husband's FELA claim if a judge signs an order appointing her executrix of the estate within the limitations period regardless of whether the order is timely entered by a clerk, the Kentucky Court of Appeals has ruled. Batts v. Illinois Central Railroad Co., No. 2005-CA-1594 (Ky. Ct. App.).

In a March 2 opinion, the appellate court reversed a trial court's refusal to vacate a judgment dismissing Charles L. Batts' workplace exposure suit against Illinois Central Railroad Company (ICRR). The Court of Appeals found that the McCracken Circuit Court abused its …