United States First Circuit

In plaintiff's personal injury action under the Federal Employers' Liability Act (FELA), denial of plaintiff's motion for judgment as a matter of law is affirmed as there was sufficient evidence of contributory negligence to support the jury's substantial reduction in damages awarded to the plaintiff.

Appellate Information

• Decided 01/22/2010
• Published 01/22/2010

Judges

• SELYA, Circuit Judge., Before LYNCH, Chief Judge, SELYA and STAHL, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas Lesser, with whom Lesser, Newman & Nasser was on brief, for appellant.


• For Appellees:
  
• Karen M. Thursby, with whom Herlihy, Thursby & Herlihy, LLP was on brief, for appellee.