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KIRK v. UNION PACIFIC RR.

No. 92-1466.

514 N.W.2d 734 (1994)

Harold L. KIRK, Plaintiff-Appellee, v. UNION PACIFIC RAILROAD, a Utah Corporation, Defendant-Appellant, Alter Trading Company, an Iowa Corporation; and Help, Inc., an Iowa Corporation, Defendants.

Court of Appeals of Iowa.

January 25, 1994.

Attorney(s) appearing for the Case

Maynard S. Telpner and Roger Sawatzke of Telpner, Smith, Sawatzke & Ruesch, Council Bluffs, and William M. Lamson, Jr. and Raymond E. Walden of Kennedy, Holland, DeLacy & Svoboda, Omaha, NE, for appellant.

Terry K. Gutierrez, William E. Gast, and Christopher D. Curzan of Schmid, Mooney & Frederick, P.C., Omaha, NE, and Richard D. Crotty, Council Bluffs, for appellee.

Heard by DONIELSON, P.J., and SCHLEGEL, J., and KEEFE, Senior Judge.

SCHLEGEL, Judge.

Union Pacific Railroad appeals a jury verdict finding it eighty-five percent at fault for damages resulting from a railroad car which rolled over Kirk's right leg. Union Pacific argues the district court erred in: (1) failing to instruct the jury on its theories of defense; and (2) excluding certain evidence.

In January 1990 Harold Kirk began working at the scrap metal recycling plant in Council Bluffs operated by Alter Trading Company. Kirk...

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