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JANKE v. DULUTH & NORTHEASTERN R. CO.

No. C1-92-563.

489 N.W.2d 545 (1992)

Randy J. JANKE, Appellant, v. DULUTH & NORTHEASTERN RAILROAD CO., Respondent.

Court of Appeals of Minnesota.

Review Denied October 28, 1992.

Attorney(s) appearing for the Case

Robert L. Lowe, Lowe, Schmidthuber & Lindell, Minneapolis, for appellant.

Frank Yetka, Rudy, Gassert, Yetka, Korman & Doran, Cloquet, Thomas W. Spence and Katherine T. Cavanor, Spence, Ricke & Thurmer, P.A., St. Paul, for respondent.

Considered and decided by RANDALL, P.J., and KALITOWSKI and KLAPHAKE, JJ.

OPINION

KALITOWSKI, Judge.

Appellant Randy Janke brought an action against respondent Duluth & Northeastern Railroad Company under the Federal Employers' Liability Act (FELA) to recover damages for a work-related injury. The jury found respondent 25% negligent and appellant 75% negligent. Appellant claims the trial court erred in failing to instruct the jury that assumption of risk is not a defense under FELA. He also claims respondent presented no evidence...

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