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DAVIS v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY

No. ED 100684.

474 S.W.3d 591 (2014)

Donald DAVIS, Appellant, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

September 30, 2014.

Attorney(s) appearing for the Case

John T. Papa , Granite City, IL, attorneys for appellant.

William A. Brasher , St. Louis, MO, attorneys for respondent.

Before KURT S. ODENWALD, P.J. and ROBERT G. DOWD, JR. and GARY M. GAERTNER, JR., JJ.

ORDER

Donald Davis ("Employee") appeals from the judgment of the trial court in favor of Burlington NSF Railway. Employee argues the trial court abused its discretion: (1) by submitting a jury instruction on the affirmative defense of a failure to mitigate damages, and (2) by refusing to submit the withdrawal instruction on assumption...

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