(DOWNLOAD) "Louis Leake v. Burlington Northern" by Eastern District, Division Three Court of Appeals of Missouri " Book PDF Kindle ePub Free
eBook details
- Title: Louis Leake v. Burlington Northern
- Author : Eastern District, Division Three Court of Appeals of Missouri
- Release Date : January 14, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Plaintiff appeals after a jury awarded him $133,000 in a negligence suit against his employer under the Federal Employers' Liability Act, 45 U.S.C. Sec. 51 to 60 (FELA), resulting from an injury Plaintiff sustained after he slipped on ice on Defendant's property. We reverse and remand. Plaintiff Louis Leake (Employee) worked for Defendant Burlington Northern Railroad Company (Employer) as a conductor. He worked for Employer for approximately 30 years and was 51 years old at the time of trial. In January of 1991, Employee was the freight conductor on a train which stopped in Employer's Cuba, Missouri, yards. It was here Employee slipped on ice and injured his back. Employee has since undergone several surgeries. His physician determined he could never again work as a freight conductor. In late 1991, Employee began receiving railroad disability retirement payments. Prior to trial, Employee filed a Motion in Limine in which he sought to preclude Employer from mentioning the disability benefits during trial. The court sustained this motion. However, during Employee's opening statement the court ruled he injected the disability payments into the case. When Employer objected after Employee's opening statement, the trial court ruled Employer may bring up the payments in a limited manner without mentioning the amount. Employer mentioned the payments during its opening statement, closing argument and when cross-examining Employee.
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