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Court Tosses Jury's Award to Worker in FELA Dispute Due to Instructional Error

Wednesday, February 1, 2023 | 0

The Iowa Court of Appeals overturned a jury verdict in favor of an injured railway worker because of a mistake in jury instructions. Case: Olson v. BNSF Railway Co., No. 22-0587, 01/25/2023, published. Facts and procedural history: Scott Olson suffered injuries while working for BNSF Railway Co. He filed suit alleging negligence under the Federal Employers' Liability Act. A jury found in his favor and awarded significant damages. BNSF unsuccessfully moved for a new trial, then appealed. Analysis: The Iowa Court of Appeals said recovery under FELA requires an injured employee to pr...

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