Steven v. Sauer v. Burlington Northern Railroad Company, a Delaware Corporation
Court of Appeals for the Tenth Circuit
1Opinion of the Court
BRISCOE, Circuit Judge.
Steven Y. Sauer, a railroad worker employed by Burlington Northern Railroad Company (BN), appeals from the judgment entered on his personal injury claims against BN under the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60. He contends (1) the district court erred by refusing to instruct the jury that assumption of the risk is not a defense under FELA, (2) expert testimony apportioning his injuries between a preexisting condition and the workplace accidents was required before the preexisting condition issue could be presented to the jury, and (3) the…
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