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DORN v. BURLINGTON NORTHERN SANTA FE

No. 03-35071.

397 F.3d 1183 (2005)

Kristi W. DORN, personal representative est Larry M. Dorn, Plaintiff-Appellee, v. BURLINGTON NORTHERN SANTA FE RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 7, 2005.

Attorney(s) appearing for the Case

Charles G. Cole and Alice E. Loughran, Steptoe & Johnson LLP, Washington, DC, for the defendant-appellant.

Alexander (Zander) Blewett, III and Kurt M. Jackson, Hoyt & Blewett PLLC, Great Falls, MT, for the plaintiff-appellee.

Susan J. Rebeck, Nick A.W. Rotering, Montana Department of Transportation Legal Services, Helena, MT, for the amicus curiae.

Before: KLEINFELD, CALLAHAN, Circuit Judges, and BERTELSMAN, District Judge.

CALLAHAN, Circuit Judge:

This is an appeal from a jury verdict awarding the plaintiff in a wrongful-death and survivorship action $6,655,200 in compensatory and punitive damages. The defendant seeks a new trial, arguing that the district court reached an incorrect legal conclusion that infected certain evidentiary rulings, the jury instructions, and the manner in which the punitive-damages phase of the trial was conducted. We agree that the district court should have...

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