House v. Missouri Pacific Railroad

GERALD M. SMITH, Presiding Judge.

In this Federal Employers’ Liability Act case the jury awarded plaintiff $2,700,000. The trial court granted defendant’s motion for set-off of $46,444.61 for previously paid medical expenses, and a remittitur of $618,-555.39, and entered a judgment for plaintiff of $2,035,000. Defendant appeals from that judgment; plaintiff cross-appeals the set-off. We affirm.

Defendant’s first point on appeal is that the plaintiff failed to make a submissible case of defendant’s negligence, because of the absence of evidence on which to premise foreseeability. Some review of…