ILLINOIS CENT. GULF R. CO. v. ELLIOTT

89-520.

572 So.2d 1263 (1990)

ILLINOIS CENTRAL GULF RAILROAD COMPANY v. Carl G. ELLIOTT.

Supreme Court of Alabama.

December 21, 1990.


Attorney(s) appearing for the Case

Steven F. Casey and Jonathan S. Harbuck of Balch & Bingham, Birmingham, for appellant.

Raymond P. Fitzpatrick, Hoover, and David L. Blunt of Blunt & Schum, Edwardsville, Ill., for appellee.


ALMON, Justice.

Illinois Central Gulf Railroad appeals from a judgment on a jury verdict awarding Carl G. Elliott $1,200,000 on his claim under the Federal Employers' Liability Act ("FELA"). The only issue is whether the trial court erred to reversal by instructing the jury that assumption of risk is not a defense in an FELA case.

Elliott's injuries occurred when he slipped, fell, and was struck by a tractor in a garage-like equipment storage area called a...

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