Albert Ralph Velasquez v. Southern Pacific Transportation Company

THORNBERRY, Circuit Judge:

Southern Pacific Transportation Company appeals from an adverse judgment in an action brought under the Federal Employer’s Liability Act (FELA). The issues raised in this appeal are whether the trial court erred in instructing the jury that regulations promulgated under the Occupational Safety and Health Act (OSHA) applied to the railroad in the facts of this case, and whether the court erred in denying Southern Pacific’s requested instruction on the nontaxability of a personal injury award. We hold that because OSHA regulations did not apply to the defendant…