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SMALLEY v. DULUTH, WINNIPEG & PACIFIC RY. CO.

No. 90-5376.

940 F.2d 296 (1991)

Kyle SMALLEY, Appellant, v. The DULUTH, WINNIPEG & PACIFIC RAILWAY COMPANY, a Minnesota corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 22, 1991.

Attorney(s) appearing for the Case

Don C. Aldrich, argued (William G. Jungbauer and Patrick R. Gillespie, on brief), Minneapolis, Minn., for appellant.

Raymond L. Erickson, argued (Cheryl M. Richardson, on brief), Duluth, Minn., for appellee.

Before LAY, Chief Judge, and McMILLIAN and ARNOLD, Circuit Judges.

LAY, Chief Judge.

This is a Federal Employer's Liability Act, 45 U.S.C. § 51 (1988), case in which the injured worker, Kyle Smalley, received an award for $85,100 against his employer, the Duluth, Winnipeg & Pacific Railroad Company which was found one hundred percent liable. The district court denied Smalley's motion for a new trial. Smalley asserts, on appeal, prejudicial error arising from an improper jury instruction on damages relating to past and future...

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