Roth v. Atchison, Topeka & Santa Fe Railway Co.

ELLIS, Judge.

This is an action for personal injuries pursuant to the Federal Employers’ Liability Act (“FELA”). 1 The Atchison, Topeka and Santa Fe Railway Company (“Santa Fe”) appeals the trial court’s denial of its motion for judgment notwithstanding the verdicts and entering judgment in favor of John D. Roth, Jr. (“Roth”). We affirm.

Roth worked for Santa Fe as a trackman. He built and maintained track along the Santa Fe rail lines; this was heavy work requiring considerable lifting. On May 2, 1990, Roth was working under the supervision of Leroy Rosebraugh, a track foreman for Santa Fe. A…