Zibung v. Union Pacific Railroad

WELLIVER, Judge.

Respondent, cross-appellant, Robert Zi-bung (Zibung), was leaving his job at appellant, cross-respondent, Union Pacific Railroad Co. (Union Pacific), when he slipped and fell on their ice covered parking lot. Zibung brought a Federal Employers Liability Act (FELA) action against Union Pacific alleging that the ice covered parking lot constituted an unsafe working condition. The jury awarded Zibung $40,000. Union Pacific moved for judgment notwithstanding the verdict alleging that Zibung had failed to make a submissible case. Zi-bung moved for a new trial on the issue of…