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KINSEY v. UNION PACIFIC RAILROAD CO.

No. C056561.

178 Cal.App.4th 201 (2009)

MARLO KINSEY, Plaintiff and Appellant, v. UNION PACIFIC RAILROAD COMPANY, Defendant and Respondent.

Court of Appeals of California, Third District.

October 9, 2009.

Attorney(s) appearing for the Case

Hildebrand, McLeod & Nelson, Inc., and John Furstenthal for Plaintiff and Appellant.

Randolph Cregger & Chalfant, Joseph P. Mascovich, Adrian L. Randolph, Michael L. Johnson and Brian W. Plummer for Defendant and Respondent.

OPINION

NICHOLSON, Acting P. J.—

Following trial of this action brought pursuant to the federal Employers' Liability Act1 (FELA), the jury returned a verdict against plaintiff Marlo Kinsey and in favor of his employer, defendant Union Pacific Railroad Company.

Prior to trial, plaintiff had rejected defendant's offer to compromise pursuant to Code of Civil Procedure section 998. After judgment was ultimately...

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