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Negligence: FELA-Jury Instructions-Negligence Per Se
Staff Report//October 14, 2019//
Where a former locomotive engineer claimed that the railroad was negligent for providing loose cab seats that failed to protect him from excessive shock and jarring, which resulted in significant back injuries, the trial court’s refusal to give a proffered verdict director on the negligence per se theory was error, so the judgment for the railroad on that claim is vacated and remanded for a new trial.
Vacated; remanded.
Miller v. Norfolk Southern Railway Company (MLW No. 74014/Case No. WD82088 – 20 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.) Appealed from circuit court, Clay County, Sutton, J. (Steven L. Groves for appellant) ( Kurt E. Reitz for respondent).
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