Hedgecorth v. Union Pacific Railroad

KATHIANNE KNAUP CRANE, Presiding Judge.

Plaintiff, a railroad employee, filed a lawsuit against his employer, the defendant railroad, under the Federal Employers’ Liability Act [FELA], 45 U.S.C. sections 51, et. seq., to recover damages for personal injuries suffered from exposure to asbestos. The jury returned a verdict in plaintiffs favor upon which the trial court entered judgment. On appeal, the railroad claims that the trial court erred 1) in denying its motion for JNOV because, it argues, plaintiffs evidence established only a mere possibility of exposure to asbestos, and 2) in refusing…