Legal Opinion

Steven Bissett and David Westergren v. Burlington Northern Railroad Company, David Westergren v. Burlington Northern Railroad Company, a Corporation

Court of Appeals for the Eighth Circuit

Decided July 17, 1992No. 89-5199, 91-2868PublishedCited by 33 opinions

1Opinion of the Court

HANSEN, Circuit Judge.

This consolidated appeal follows two trials involving claims brought by Steven Bis-sett and David Westergren under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq., against their employer, Burlington Northern Railroad Company (BN), for injuries resulting from the same accident. Bissett and Westergren raise numerous issues on appeal. We affirm.

I. BACKGROUND

On July 11,1986, Bissett and Westergren were seated in the caboose of their employer’s train when the train slowed for a crew change. Although usually the train does not come to a complete stop for…

2Cases cited17 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
  3. Edward L. Flanigan v. Burlington Northern Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1980
  4. Kansas City Southern Railway Co. v. LeslieSupreme Court of the United States · 1915
  5. Paul Leonard Jones, Jr. v. Consolidated Rail Corporation, A.K.A. ConrailCourt of Appeals for the Sixth Circuit · 1986

12 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. United Healthcare Corporation v. American Trade Insurance Company, Ltd.Court of Appeals for the Eighth Circuit · 1996
  2. First Union National Bank v. Pictet Overseas Trust Corp.Court of Appeals for the Eighth Circuit · 2007
  3. Bud McLaughlin v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Seventh Circuit · 1994
  4. Yauch v. Southern Pacific Transportation Co.Court of Appeals of Arizona · 2000
  5. Thomas v. St. Luke's Health Systems, Inc.District Court, N.D. Iowa · 1994

28 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API