Cruz v. Union Pacific Railroad

VAN CISE, Judge.

This is an action brought by plaintiff, David A. Cruz, under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51, et seq., to recover damages for an injury to his right leg while he was employed as a rear brakeman by defendant Union Pacific Railroad Company (U.P.). U.P. denied that it had been negligent, and raised the affirmative defense of contributory negligence on the part of plaintiff. The jury found that both parties had been negligent, that the negligence of each had had some causal connection with plaintiff's injuries, that the U.P.’s percentage of fault was 5%…