Empey v. Grand Trunk Western Railroad

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

Plaintiff brought this action under the Federal Employer’s Liability Act (FELA), 45 U.S.C. § 51 et seq,, seeking recovery for damages suffered as a result of a severe back injury sustained from two separate incidents while working for defendant. On September 5, 1986, the jury returned a verdict in favor of the plaintiff in the amount of $700,000.00, finding the plaintiff zero percent negligent. This matter is now before the Court on defendant’s motion for judgment n.o.v. and, in the alternative, for a new trial.

I

Plaintiff claimed that…