VERDICT: Jury found $650,000 damages for eye injury from shattered safety glasses in RR shop, deducted $50,000 for failure to mitigate, found 50/50 negligence… Plaintiff seeks to eliminate contributory on basis that evidence proved RR violated safety statutes… RR seeks $96,553 offsets for wage loss/disability benefits, which it asserts would mean $203,447 net to Plaintiff. [Read more…]
FELA/spoliation, failure to preserve video
FELA/SPOLIATION: Default judgment for failure to preserve workplace video properly denied, but some meaningful sanction should be imposed in new trial of injury claim following defense verdict… Macek reversed. [Read more…]
Appeal procedure, notice, multiple pending motions
APPEAL PROCEDURE: When multiple motions which toll appeal time are pending, party need not file notice of appeal when 1st motion is disposed of and 2nd notice after subsequent motion is disposed of… order. [Read more…]
Defense verdict, FELA, slipped engine hatch, brain
VERDICT: Defense, FELA, slipped locomotive hatch door, traumatic brain/neck. [Read more…]