KUHNEL v. BNSF RY. CO.

No. A-12-296

834 N.W.2d 803 (2013)

20 Neb. App. 884

Edwin H. KUHNEL, appellant, v. BNSF RAILWAY COMPANY, a corporation, appellee.

Court of Appeals of Nebraska.

Filed June 25, 2013.


Attorney(s) appearing for the Case

Michael J. Wilson , of Schaefer Shapiro, L.L.P., and James L. Cox , of Brent Coon & Associates, for appellant.

Nichole S. Bogen and Thomas C. Sattler , of Sattler & Bogen, L.L.P., for appellee.

INBODY, Chief Judge, and SIEVERS and RIEDMANN, Judges.


INBODY, Chief Judge.

INTRODUCTION

Edwin H. Kuhnel appeals from a jury verdict in favor of BNSF Railway Company (BNSF) on his claim of a workplace injury under the Federal Employers' Liability Act (FELA) and the subsequent denial of his motion for a new trial on the basis that the jury was not instructed properly. On appeal, Kuhnel contends that the district court erred in failing to instruct the jury on BNSF's duty to provide a reasonably safe place to work...

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