Legal Opinion
Kirk v. Union Pacific Railroad
Court of Appeals of Iowa
Decided January 25, 1994No. 92-1466PublishedCited by 3 opinions
1Opinion of the Court
SCHLEGEL, Judge.
Union Pacific Railroad appeals a jury verdict finding it eighty-five percent at fault for damages resulting from a railroad car which rolled over Kirk’s right leg. Union Pacific argues the district court erred in: (1) failing to instruct the jury on its theories of defense; and (2) excluding certain evidence.
In January 1990 Harold Kirk began working at the scrap metal recycling plant in Council Bluffs operated by Alter Trading Company. Kirk was working for Alter through Help, Inc., a temporary labor agency. Normally Kirk worked in the area of the railyard where a shredder…
2Cases cited15 opinions
- Smith v. Smithway Motor Xpress, Inc.Supreme Court of Iowa · 1990
- State v. BlackwellSupreme Court of Iowa · 1976
- Haumersen v. Ford Motor Co.Supreme Court of Iowa · 1977
- Weeks v. BurnorSupreme Court of Vermont · 1974
- Coker v. Abell-Howe Co.Supreme Court of Iowa · 1992
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3Cited by3 opinions
- Beyer v. ToddSupreme Court of Iowa · 1999
- Greenwood v. MitchellSupreme Court of Iowa · 2001
- Smith v. Air Feeds, Inc.Court of Appeals of Iowa · 1996