Besse v. Missouri Pacific Railroad

BLACKMAR, Judge.

The plaintiff, a railroad employee working out of Wichita, Kansas, recovered a judgment of $1,687,500.00 under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-60 (1982), against his employing railroad in the Circuit Court of the City of St. Louis. The defendant appealed, contending (1) that the trial court should have dismissed the suit under the doctrine of forum non conveniens, and (2) that it is entitled to a new trial because the trial court did not give a “present value” instruction, as now required by St. Louis Southwestern Ry. Co. v. Dickerson, 470 U.S. 409, 105…