Leake v. Burlington Northern Railroad

DOWD, Judge.

Plaintiff appeals after a jury awarded him $133,000 in a negligence suit against his employer under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51 to 60 (FELA), resulting from an injury Plaintiff sustained after he slipped on ice on Defendant’s property. We reverse and remand.

Plaintiff Louis Leake (Employee) worked for Defendant Burlington Northern Railroad Company (Employer) as a conductor. He worked for Employer for approximately 30 years and was 51 years old at the time of trial. In January of 1991, Employee was the freight conductor on a train which stopped in…