Blankenship v. Union Pacific Railroad Co.

Defendant appeals from the judgment for plaintiff in this FELA case, which is a companion to Rea v. Union Pacific Railroad Co., 87 Or App 405, 742 P2d 678 (1987), and which involves essentially the same facts and claims. The principal difference between the two cases is that, here, defendant admitted in the trial court that it was negligent, that plaintiff had suffered a hearing loss and tinnitus and that its negligence was the sole cause of plaintiffs injuries. Hence, the only issues defendant did not concede are the nature and extent of plaintiffs injuries and the amount of damages.

As it…