Legal Opinion
McLaughlin v. BNSF Railway Co.
Colorado Court of Appeals
Decided June 7, 2012No. 11CA0751PublishedCited by 17 opinions
1Opinion of the Court
Opinion by
Judge J. JONES.
T1 Defendant, BNSF Railway Company, appeals the judgment entered and damages awarded after a jury trial in favor of its employee, plaintiff Thomas F. MeLaughlin, on his statutory strict liability and negligence claims.
12 Among the issues the railroad raises are two that present matters of first impression in Colorado, both relating to damages.
13 First, did the district court err in giving the jury an "eggshell skull" or "thin skull" instruction because it also gave an instruction on apportioning damages for aggravation of a pre-existing condition? We conclude that…
2Cases cited73 opinions
- Atchison, Topeka & Santa Fe Railway v. BuellSupreme Court of the United States · 1987
- Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
- Schaub v. VonWaldCourt of Appeals for the Eighth Circuit · 2011
- Callahan v. Cardinal Glennon HospitalSupreme Court of Missouri · 1993
- Eichel v. New York Central RailroadSupreme Court of the United States · 1963
68 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Smith v. KinninghamColorado Court of Appeals · 2013
- in Interest of M.H-KColorado Court of Appeals · 2018
- Gasteazoro ex rel. Eder v. ColoradoColorado Court of Appeals · 2014
- Harner v. ChapmanColorado Court of Appeals · 2012
- Gold Hill Development Co., L.P. v. TSG Ski & Golf, LLCColorado Court of Appeals · 2015
12 more not listed; retrieve them via the Exa API.