Wylie v. Consolidated Rail Corp.

—Amended judgment unanimously affirmed without costs. Memorandum: Plaintiff commenced this action pursuant to the Federal Employers’ Liability Act (FELA) to recover damages for the injuries he allegedly sustained during the course of his employment as a railroad conductor/brakeman. Defendant appeals from an amended judgment entered upon an itemized jury verdict awarding plaintiff $3,509,724 in damages. The first trial ended in a mistrial at the close of proof (Wylie I). The jury in the second trial returned a verdict in the amount of $4,031,926, but we reversed the amended judgment on appeal…