Wilson v. Missouri Pacific Railroad

Plaintiff, Charles Wilson, filed a two-count complaint under the Federal Employers’ Liability Act (FELA) (45 U.S.C. § 51 et seq. (1988)), alleging that defendant, Missouri Pacific Railroad Company, was negligent and caused the injuries he sustained in two accidents. The first accident occurred in 1989 and was the basis for count I of the complaint. Count II concerned a 1990 accident. The jury returned a verdict in favor of plaintiff on count I and in favor of defendant on count II. Plaintiff appealed the count II jury verdict and a divided appellate court granted plaintiff a new trial. (No. 5…