OLSON v. BNSF RY. CO.

No. 22-0587.

999 N.W.2d 289 (2023)

Scott D. OLSON, Appellee, v. BNSF RAILWAY COMPANY, Appellant.

Supreme Court of Iowa.

Filed December 22, 2023.


Attorney(s) appearing for the Case

David J. Schmitt (argued) of Lamson Dugan & Murray LLP, Omaha, Nebraska, and Daniel A. Haws of Haws-KM, P.A., St. Paul, Minnesota, for appellant.

Christopher H. Leach (argued) of Hubbell Law Firm, LLC, Kansas City, Missouri; Michael J. Streit of Sullivan and Ward, P.C., West Des Moines; and Adam W. Hansen (until withdrawal) of Apollo Law Firm, Minneapolis, Minnesota, for appellee.

Oxley, J., delivered the opinion of the court, in which all participating justices joined. May, J., took no part in the consideration or decision of the case.


Scott Olson sued BNSF Railway Company under the Federal Employers' Liability Act, seeking damages for injuries he sustained from a workplace accident. A jury found in favor of Olson and awarded him significant damages. BNSF appealed, raising three specific instances of error by the district court: (1) the verdict form failed to instruct...

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