Burbridge v. Union Pacific Railroad

KURT S. ODENWALD, Judge.

Introduction

Phillip Burbridge (“Burbridge”) appeals from the judgment of the trial court in favor of Union Pacific Railroad Company (“Union Pacific”) and Harsco Corporation (“Harsco”) (collectively, “Respondents”). Specifically, Burbridge asserts that the trial court erred in denying his motion for a *651new trial because (1) the damages instruction given to the jury was misleading; (2) Respondents failed to present sufficient evidence to warrant submission of the mitigation of damages instruction; and (3) the jury’s verdict in favor of Respondents was against the manifest…