Supreme Court of California

The trial court in FELA cases should not tell the jury that the injured employee is not entitled to benefits under California's workers' compensation law, unless the probative value of this information outweighs its prejudicial effect. Federal law prohibits an award of prejudgment interest even where the employee obtains a judgment more favorable than a pre-trial settlement offer.

Appellate Information

• Decided 07/03/2003
• Published 07/03/2003

Judges

• KENNARD, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
•  Dowling, Aaron & Keeler, William T. McLaughlin II, Timothy R. Sullivan, Fresno;  Lane Powell Spears Lubersky and Michael B. King for Defendant and Appellant., Crosby, Heafey, Roach & May and Joseph P. Mascovich for Association of American Railroads as Amicus Curiae on behalf of Defendant and Appellant.,  Crosby, Heafey, Roach & May, Joseph P. Mascovich;  Brasher Law Firm and William A. Brasher for The Burlington Northern and Santa Fe Railway Company and Union Pacific Railroad Company as Amici Curiae on behalf of Defendant and Appellant., Miller & Reivitis, Kimberly A. Miller, Michael E. Reivitis;  and Charlotte E. Costan, Burbank, for Plaintiff and Respondent.