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NICHOLS v. BURLINGTON NORTHERN AND SANTA FE

No. 03CA2145.

148 P.3d 212 (2006)

Charles A. NICHOLS, Plaintiff-Appellant and Cross-Appellee, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Division IV.

As Modified on Denial of Rehearing May 25, 2006.

Certiorari Denied December 18, 2006.

Attorney(s) appearing for the Case

Roberts Levin & Patterson, P.C., Thomas L. Roberts, Laura E. Schwartz, Denver, Colorado; Law Offices of Martin E. Jackson, P.C., Martin E. Jackson, Conifer, Colorado, for Plaintiff-Appellant and Cross-Appellee.

Hall & Evans, L.L.C., Malcolm S. Mead, Frederick T. Martinez, Denver, Colorado, for Defendant-Appellee and Cross-Appellant.

CARPARELLI, J.

In this negligence action under the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq. (2005) (FELA), plaintiff, Charles A. Nichols, a locomotive engineer, appeals the amount of the damages awarded to him upon a jury verdict against defendant, Burlington Northern and Santa Fe Railway Company. On cross-appeal, the railroad appeals the judgment entered in favor of Nichols. We affirm.

The engineer...

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