Martin v. BNSF Railway Co.

¶1 Timothy C. Martin appeals from the order of the Thirteenth Judicial District Court, Yellowstone County, denying his motion for judgment as a matter of law,1 and his motion for a new trial. We affirm in part, reverse in part, and remand for a new trial consistent with this opinion.

¶2 The issues on appeal are as follows:

1. Whether the District Court erred by allowing Martin’s Locomotive Inspection Act claim to be considered by the jury.

*425 2. Whether the District Court abused its discretion by excluding evidence of heated platforms at BNSF’s Whitefish and Essex depots.

3. Whether the District…