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McLAUGHLIN v. BNSF RAILWAY COMPANY

No. 11CA0751.

300 P.3d 925 (2012)

2012 COA 92

Thomas F. McLAUGHLIN, Plaintiff-Appellee, v. BNSF RAILWAY COMPANY, a Delaware corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

June 7, 2012.

Attorney(s) appearing for the Case

Haddon, Morgan and Foreman, P.C., Norman R. Mueller , Rachel A. Bellis , Denver, Colorado, for Plaintiff-Appellee.

Hall & Evans, L.L.C., Frederick T. Martinez , Alan Epstein , Jessie Pellant , Denver, Colorado, for Defendant-Appellant.

Opinion by Judge J. JONES.

¶ 1 Defendant, BNSF Railway Company, appeals the judgment entered and damages awarded after a jury trial in favor of its employee, plaintiff Thomas F. McLaughlin, on his statutory strict liability and negligence claims.

¶ 2 Among the issues the railroad raises are two that present matters of first impression in Colorado, both relating to damages.

¶ 3 First, did the district court err in giving the jury an ...

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