Keith v. Burlington Northern Railroad

MONTGOMERY, Judge.

Marshel Keith (Plaintiff) obtained a jury verdict of $900,000 on his claim against the Defendant Burlington Northern Railroad Company (BN) under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51, et seq. (1986) (FELA). The trial court entered judgment for Plaintiff in accordance with the jury verdict. BN’s post-trial motions included a motion to amend the judgment in which BN requested a credit against the judgment for all Railroad Retirement Board (RRB) sickness benefits and for all “Benefit Trust Life” benefits paid to Plaintiff. The trial court sustained this motion…