PLUMMER v. SPRINGFIELD TERMINAL RY. CO.

No. 93-1125.

5 F.3d 1 (1993)

Donald PLUMMER, Plaintiff-Appellant, v. SPRINGFIELD TERMINAL RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided September 23, 1993.


Attorney(s) appearing for the Case

Jeremy R. Feedore, with whom McClung, Peters and Simon, Albany, NY, was on brief, for plaintiff-appellant.

Glen L. Porter, with whom Eaton, Peabody, Bradford & Veague, P.A., Bangor, ME, was on brief, for defendant-appellee.

Before TORRUELLA and SELYA, Circuit Judges, and WOODLOCK, District Judge.


TORRUELLA, Circuit Judge.

Appellant Donald Plummer sued appellee Springfield Terminal Railway Company ("Springfield") under the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60 (1986), for injuries sustained as a Springfield employee. In Plummer's complaint, he requested $650,000 in damages. After a four day trial, the jury found Springfield 12% at fault for the injuries and Plummer 88% at fault.

At first, the jury failed to answer the interrogatory...

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