McDonald v. Southern Pacific Transportation Co.
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
MALLANO, J. *
Plaintiff Richard McDonald appeals from a judgment on special verdict in favor of defendant Southern Pacific Transportation Company, and from an order denying his motion for judgment notwithstanding the verdict, in a suit for personal injuries under the Federal Employers’ Liability Act (45 U.S.C. § 51 et seq.; FELA). He contends that the evidence was insufficient to support the verdict, and that a new trial is in any event required because of prejudicial jury misconduct. We conclude that the showing of misconduct requires a new trial, but that the evidence did not warrant…
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