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Retrial of FELA Claim Was Properly Limited to Question of Damages

By Sherri Okamoto (Legal Reporter)

Monday, September 30, 2013 | 0

A Texas appellate court ruled that a railway worker who got a new trial on his Federal Employers' Liability Act claim properly had his second trial limited only to the issue of damages since the insufficiency of the damage award from the first trial was what prompted the retrial.Case: Seeberger v. BNSF Railway Co., No. 01-12-00583-CV, 09/26/2013, published. Facts: Donald Seeberger worked as a railroad conductor for BNSF. He injured his knee in 2008 when he stepped into a hole at a BNSF rail yard.Procedural History: Seeberger sued BNSF under the Federal Employers' Liability Act, as...

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