Kelly v. Keystone Shipping Co.

MEMORANDUM AND ORDER RE: PLAINTIFF’S MEMORANDUM OF LAW IN SUPPORT OF THE APPLICABILITY OF 45 U.S.C. § 53 THEREBY BARRING ANY ASSESSMENT OF THE PLAINTIFF’S COMPARATIVE NEGLIGENCE {DOCKET ENTRY # 76)

BOWLER, United States Chief Magistrate Judge.

Pending before this court is the issue of whether to reduce the jury’s verdict by the 45% contributory fault of plaintiff Jay P. Kelly (“plaintiff’ or “Kelly”) assessed by the jury. During trial and prior thereto, plaintiff argued that 45 U.S.C. § 53 (“section 53”) of the Federal Employers’ Liability Act (“FELA”) precludes any reduction of a jury verdict…