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RUSH v. ILLINOIS CENT. R. CO.

No. 02-5118.

399 F.3d 705 (2005)

Annette RUSH, as natural mother of Johnathan Rush, a minor, Plaintiff-Appellant, v. ILLINOIS CENTRAL RAILROAD COMPANY, aka Canadian National-Illinois Central Railroad, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 4, 2005.

Attorney(s) appearing for the Case

ARGUED: Daniel Alan Seward, Memphis, Tennessee, for Appellant. Harold W. McLeary, Jr., Smith, Sabbatini & McLeary, Memphis, Tennessee, for Appellee. ON BRIEF: Daniel Alan Seward, Memphis, Tennessee, for Appellant. Harold W. McLeary, Jr., W. Bradley Gilmer, Smith, Sabbatini & McLeary, Memphis, Tennessee, for Appellee.

Before: NORRIS and COLE, Circuit Judges; ECONOMUS, District Judge.

OPINION

ECONOMUS, District Judge.

I. OVERVIEW

This appeal arises from a diversity action brought by the plaintiff-appellant, Annette Rush, following her nine-year-old son's fall from a railcar owned and operated by the defendant-appellee, Illinois Central Railroad Company ("CN-IC"). The plaintiff-appellant challenges the district court's denial of her motion for new trial following a jury verdict awarded in favor of CN-IC. She advances four arguments...

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