Oliver v. Burlington Northern, Inc.

Plaintiff brought an action against his employer under the Federal Employers’ Liability Act (45 USC § 51 et seq.) for damages resulting from personal injuries suffered during his employment. He received a judgment based upon a jury verdict in the sum of $44,000. On defendant’s motion the trial court ordered a remittitur in the sum of $20,000 or, in the alternative, a new trial. There was a stipulated loss of wages in the sum of $9,000; therefore, the remittitur resulted in a reduction in the amount awarded by the jury for plaintiff’s injuries, disability and suffering from $35,000 to $15,000.…