ELLINGSON v. BURLINGTON NORTHERN R. CO.

No. C0-86-2215.

412 N.W.2d 401 (1987)

Elroy L. ELLINGSON, Respondent, v. BURLINGTON NORTHERN RAILROAD COMPANY, Appellant.

Court of Appeals of Minnesota.

Review Denied November 13, 1987.


Attorney(s) appearing for the Case

Thomas A. Clure, Van Evera, Clure & Butler, Duluth, Randolph E. Schum, Blunt & Schum, Edwardsville, Ill., for respondent.

David E. Fitzgerald, Margie R. Bodas, Hanft, Fride, O'Brien, Harries, Swelbar & Burns, Duluth, for appellant.

Heard, considered and decided by RANDALL, P.J., and SEDGWICK and LANSING, JJ.


OPINION

RANDALL, Judge.

Respondent Elroy Ellingson sued appellant Burlington Northern Railroad Company (BN), his employer, under The Federal Employers' Liability Act. After trial, the jury returned a special verdict awarding respondent damages of $215,000, which the court reduced to $161,250 after applying the comparative negligence percentages found by the jury. BN moved for judgment notwithstanding the verdict (JNOV) or a new trial. The motions were denied...

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