Faulkenberry v. Kansas City Southern Railway Co.

OPALA, Justice:

In this action under the Federal Employers’ Liability Act [FELA] the issues presented on appeal are: [1] Was there prejudicial error in failing to instruct the jury that damages for lost future wages are not subject to income tax liability? [2] Did the trial court err in failing to sustain Railroad’s demurrer to the evidence? [3] Did the trial court’s refusal to bifurcate the proceedings constitute reversible error? and [4] Was there prejudicial error in a ruling that restricted the scope of cross-examination? We answer all four questions in the negative.

The action under review…