Ronald Dean Reed v. Union Pacific Railroad Company

BAUER, Circuit Judge.

Ronald Reed won monetary damages against Union Pacific Railroad Company in a personal injury suit that arose out of an accident that occurred when Reed’s truck hit an exposed replacement rail as he crossed over train tracks. Reed now requests a new trial on the issue of damages on the grounds that the district court improperly refused to instruct the jury about certain elements of damages to which he claims to have been entitled, and improperly instructed the jury about comparative fault. For the reasons set forth below, we reverse and remand in part, and affirm in part.

I.…