JENKINS v. UNION PACIFIC R. CO.

No. 93-15151.

22 F.3d 206 (1994)

Raymond H. JENKINS, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 18, 1994.

As Amended July 7, 1994.


Attorney(s) appearing for the Case

E. Elizabeth Summers, Law Offices of E. Elizabeth Summers, Oakland, CA, for plaintiff-appellant.

James C.E. Barclay, Union Pacific Law Dept., Los Angeles, CA, for defendant-appellee.

Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges.


Opinion by Judge BEEZER.

BEEZER, Circuit Judge:

Raymond Jenkins sued defendant Union Pacific Railroad Company under the Federal Employer's Liability Act, 45 U.S.C. § 51 et seq. (FELA) for injuries he sustained during his employment. The jury determined Jenkins was 65% responsible for his own injuries. The damage award of $800,000 was reduced by 65% to $280,000. Jenkins appeals, arguing that the district court erroneously instructed the jury on...

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