FIERO v. SOUTHERN PACIFIC TRANSP. CO.

No. 2 CA-CIV 5433.

151 Ariz. 203 (1986)

726 P.2d 619

John C. FIERO, Plaintiff/Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied September 30, 1986.


Attorney(s) appearing for the Case

Davis, Siegel & Gugino, P.C. by Barry M. Davis, Tucson, for plaintiff/appellant.

Tower, Byrne & Beaugureau, P.C. by David L. Beaugureau, Phoenix, for defendant/appellee.


OPINION

LIVERMORE, Presiding Judge.

Plaintiff, John Fiero, appeals the trial court's entry of a directed verdict in favor of defendant, Southern Pacific Transportation Company, which removed from jury consideration his personal injury complaint brought pursuant to the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51, et seq. On the current record, fair-minded men could have reasonably concluded that defendant's negligence played some part in producing...

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