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GARCIA v. BURLINGTON NORTHERN R. CO.

No. 84-1318.

818 F.2d 713 (1987)

Joe E. GARCIA, Plaintiff-Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellant, and Association of American Railroads and National Association of Railroad Trial Counsel, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 22, 1987.

Attorney(s) appearing for the Case

Richard D. Hall (C. Willing Browne and Alan Epstein, with him on the briefs) of Hall & Evans, Denver, Colo., for defendant-appellant.

Michael L. Weiner of DeParcq, Perl, Hunegs, Rudquist & Koenig, P.A., Minneapolis, Minn. (Douglas John Traeger, Denver, Colo., and Norman Perl of DeParcq, Perl, Hunegs, Rudquist & Koenig, P.A., Minneapolis, Minn., with him on the briefs), for plaintiff-appellee.

Peter J. Crouse and Walter J. Downing of Grant, McHendrie, Haines and Crouse, P.C., Denver, Colo., on the brief for Ass'n of American Railroads, amicus curiae.

Albert J. Givray and Carol R. Goforth of Doerner, Stuart, Saunders, Daniel & Anderson, Tulsa, Okl., on the brief, for National Association of Railroad Trial Counsel, amicus curiae.

Before McKAY, SETH and TIMBERS, Circuit Judges.

McKAY, Circuit Judge.

Plaintiff, Joe E. Garcia, was an employee of defendant, Burlington Northern Railroad Company. He was seriously injured when an Electromatic Tamper backed over his left leg. The leg was amputated, and plaintiff sought recovery in a two-count complaint filed against defendant. Count one alleged that defendant was negligent under the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60 (1982) (FELA), and count two, based on the same facts...

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