Hager v. Norfolk Western, Unpublished Decision (12-14-2006)

JUDGMENT: AFFIRMED IN PART, REVERSED IN PART

{¶ 1} Appellant Norfolk Western Railway Co. ("Norfolk") appeals the jury's verdict in favor of the appellee, the Estate of Eugene Hager1 ("Hager"), and the trial court's post-verdict rulings. Norfolk assigns nine errors for our review.2

{¶ 2} Having reviewed the record and pertinent law, we affirm in part and reverse in part the decision of the trial court. We remand the case to the trial court to reduce the verdict by the appropriate set-off amount. The apposite facts follow.

{¶ 3} On May 16, 2000, Mr. Hager filed a complaint against Norfolk pursuant…