Labes v. New Jersey Transit Rail Operations, Inc.

OPINION BY

McCAFFERY, J:

¶ 1 Appellant, David F. Labes, asks us to determine whether the trial court erred in refusing to remove the non-suit entered against him at trial. Specifically, we must decide whether Appellant presented adequate evidence of negligence, pursuant to the Federal Employers’ Liability Act (“FELA”)1, to permit his case to be decided by a jury. We hold that under FELA’s liberal evidentiary standards, Appellant did, in fact, proffer evidence sufficient to survive a non-suit. Accordingly, we are constrained to reverse and remand for a new trial.

¶2 The relevant facts and…