Turner v. Burlington Northern Railroad

McMILLIAN, Circuit Judge.

Burlington Northern Railroad Co. (Burlington Northern) appeals from a final judgment entered in the District Court for the District of Nebraska upon a jury verdict in favor of David L. Turner. Burlington Northern sought specific performance of an agreement entered into by Turner’s attorney to settle Turner’s personal injury claim against Burlington Northern. For reversal Burlington Northern argues that the district court erred in (1) granting a jury trial on Burlington Northern’s counterclaim for specific performance of the settlement agreement, (2) denying its motion…