Lonnie L. Wharf v. Burlington Northern Railroad Company, a Corporation, Lonnie L. Wharf v. Burlington Northern Railroad Company, a Corporation
Court of Appeals for the Ninth Circuit
1Opinion of the Court
WIGGINS, Circuit Judge:
OVERVIEW
Lonnie L. Wharf (‘Wharf’) sued his employer, Burlington Northern Railroad (“Burlington”), under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51-60, after a workplace injury to a finger on his left hand. A jury trial was conducted by a magistrate of the United States District Court for the Eastern District of Washington. The jury, finding that Burlington’s negligence had caused the injury, awarded Wharf $90,000 in compensatory damages.
Burlington appeals the trial court’s grant of judgment as a matter of law on the issue of Wharfs contributory…
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