Kemp v. Burlington Northern Railroad

GERALD M. SMITH, Presiding Judge.

Defendant Burlington Northern Railroad Company appeals from a judgment based on jury verdicts for plaintiff totalling $560,000 in this action brought pursuant to the Federal Employers’ Liability Act. We affirm.

Plaintiff, Dean Kemp, a machinist’s helper, brought his action in two counts. Count I sought damages for a burn to his leg. The defendant admitted liability for that injury and the jury unanimously assessed plaintiffs damages at $60,000. In Count II plaintiff alleged that he had sustained white matter brain damage due to over-exposure on the job-site to…