United States Eighth Circuit

A judgment and award of damages for plaintiff, a yard engineer employed by defendant-railroad company, in a negligence and loss of consortium suit brought under the Federal Employers' Liability Act is affirmed over plaintiff's claims that the district court erred in giving a failure-to-mitigate instruction to the jury, and by failing to order a new trial based on the inadequacy of the damages award.

Appellate Information

• Decided 06/07/2006
• Published 06/07/2006

Judges

• SMITH, Circuit Judge., Before ARNOLD, JOHN R. GIBSON, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Don C. Aldrich, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Melanie J. Whittamore-Mantzios, argued, Lincoln, NE (Thomas C. Sattler, on the brief), for Appellee BNSF Railway Company.