Wisniewski v. Heartland Towing

Nebraska Advance Sheets 548 287 NEBRASKA REPORTS in concluding that the general verdict rule did not bar it from overturning the jury’s verdict. CONCLUSION Although the district court’s instructions did not explicitly charge the jury on BNSF’s duty of care, they implicitly recog­ nized BNSF’s duty by requiring the jury to find that BNSF was negligent if it found that BNSF had failed to provide Kuhnel with a reasonably safe place to work. We therefore find that the Court of Appeals erred in concluding that the instructions constituted plain error. Because our finding that the instruc­ tions…