Faulkenberry v. Kansas City Southern Railway Co.

OPALA, Justice:

In this action under FELA the key question on certiorari is whether there was sufficient evidence of legal infirmity in the procurement of employee’s release upon out-of-court settlement to warrant that issue’s submission to the jury. If our answer be in the affirmative, we must also consider whether recurring midtrial episodes of misconduct by employee’s counsel, combined with trial court’s apparent want of firmness in dealing with them, require reversal of judgment.

The action here . under review, brought against the Kansas City Southern Railway Company [Railroad], resulted in…