FAULKENBERRY v. KANSAS CITY SOUTHERN RY. CO.

No. 50451.

602 P.2d 203 (1979)

Eldon FAULKENBERRY, Appellee, v. The KANSAS CITY SOUTHERN RAILWAY COMPANY, a corporation, Appellant.

Supreme Court of Oklahoma.

October 16, 1979.


Attorney(s) appearing for the Case

Whit Pate, Poteau, for appellee.

Looney, Nichols, Johnson & Hayes by Burton J. Johnson, Oklahoma City, for appellant.


OPALA, Justice:

In this action under FELA the key question on certiorari is whether there was sufficient evidence of legal infirmity in the procurement of employee's release upon out-of-court settlement to warrant that issue's submission to the jury. If our answer be in the affirmative, we must also consider whether recurring midtrial episodes of misconduct by employee's counsel, combined with trial court's apparent want...

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