In Weinell v. McKeesport Connecting R.R. Co., 411 F.2d 510 (3d Cir. 1969), plaintiff's counsel, in opening statement, said to the jury, "Now this Federal Employers Liability Act provides the only method by which a railroad employee ... may recover damages or be paid for an on-the-job injury while he was at work for the Railroad." Weinell, supra, 411 F.2d at 512.
The United States Court of Appeals for the Third Circuit explained that "the sole issue was the Railroad's liability to Weinell under the FELA and the amount, if any, of his recovery." Id.
Therefore, "the statement was obviously an improper one and should not have been made by Weinell's counsel ...." Id.