Oliver v. Burlington Northern, Inc.

I agree with the majority that in actions under the Federal Employers’ Liability Act (45 USC § 51 et seq), a trial judge may not be reversed for granting a remittitur of a portion of the amount awarded by a jury verdict unless there has been an abuse of discretion by the trial judge.

Because of the size of the jury verdict in this case, when considered in the light of the nature and extent of plaintiff’s injuries, I would also agree that there would be no proper basis for reversal of the exercise of discretion by this trial judge; provided, however, that he had exercised that discretion in…