Ellingson v. Burlington Northern Railroad

OPINION

RANDALL, Judge.

Respondent Elroy Ellingson sued appellant Burlington Northern Railroad Company (BN), his employer, under The Federal Employers’ Liability Act. After trial, the jury returned a special verdict awarding respondent damages of $215,000, which the court reduced to $161,250 after applying the comparative negligence percentages found by the jury. BN moved for judgment notwithstanding the verdict (JNOV) or a new trial. The motions were denied. BN appeals the judgment and the order denying its post trial motions. We affirm.

FACTS

Respondent, a fifty-six year old railroad worker,…