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KUHNEL v. BNSF RY. CO.

No. S-12-296.

844 N.W.2d 251 (2014)

287 Neb. 541

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

Supreme Court of Nebraska.

Filed February 28, 2014.

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.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

Cassel, J.

INTRODUCTION

An injured railroad employee brought this action under the Federal Employers' Liability Act (FELA).1 Pursuant to the jury's general verdict, the district court entered judgment for the employer. On appeal, the Nebraska Court of Appeals found plain error in the jury instructions regarding the employer's duty to provide a reasonably safe place to work.2 The Court of Appeals also...

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