Handy v. Union Pacific Railroad

OPINION

ORME, Judge:

Plaintiff Vivi Handy appeals the trial court’s grant of defendant Union Pacific Railroad’s motion for a directed verdict in this action brought under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq. Because we agree with the trial court’s conclusion that plaintiff failed to prove the essential elements of a cause of action for negligence under FELA, we affirm.

I. FACTS

It is necessary that we recite the facts in some detail. Given the posture of the case, we review the facts set forth in plaintiff’s case in chief.

Plaintiff began her Union Pacific employment…