FELA Defendants

10 Second, it is difficult for a FELA defendant to avoid a jury trial because a jury determination "is part and parcel of the remedy afforded railroad workers under [FELA]." Bailey v. Central Vt. Ry., 319 U.S. 350, 354 (1943). Under FELA, where liability depends largely upon the unique circumstances of each case, "Congress vested the power of decision in these actions exclusively in the jury in all but the infrequent cases where fair-minded jurors cannot honestly differ whether fault of the employer played any part in the employee's injury." Rogers, 352 U.S. at 510 (footnote omitted).