Legal Opinion
Curl v. BNSF Railway Co.
Missouri Court of Appeals
Decided May 16, 2017No. WD 79591PublishedCited by 5 opinions
1Opinion of the Court
VICTOR C. HOWARD, JUDGE
BNSF Railway Company appeals the judgment on a jury verdict awarding Jered Curl damages in the amount of $4,300,000 on his negligence claim under the Federal Employers’ Liability Act (FELA). BNSF raises four points on appeal challenging the trial court’s refusal to permit it to assert a mitigation of damages defense. The judgment is affirmed.
Background
On December 6, 2013, Mr. Curl filed a petition against BNSF seeking damages under FELA for injuries he alleged he sustained on July 12, 2012, while working *219for BNSF on a maintenance of way rail-gang RP17 as an operator of…
2Cases cited30 opinions
- Felder v. CaseySupreme Court of the United States · 1988
- Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- Brown v. Western R. Co. of Ala.Supreme Court of the United States · 1949
- St. Louis Southwestern Railway Co. v. DickersonSupreme Court of the United States · 1985
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- Richard Dixson v. Missouri Department of CorrectionsMissouri Court of Appeals · 2019