Kusek v. Burlington Northern Railroad

Severs, Judge.

Burlington Northern Railroad Company appeals to this court in this Federal Employers’ Liability Act (FELA) case filed in state court by its employee, Pat J. Kusek, who claims that he injured his back while changing a cab seat in a locomotive. Kusek alleges in his petition that Burlington was negligent in failing to provide him with a reasonably safe place to work. After a jury trial, Kusek was awarded $155,000 in damages. Burlington alleges that the jury selection process was flawed because the trial court allowed Burlington employees to be in the jury pool. Because employees of…