$477,000
Federal Employers' Liability Act (FELA)
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Case Details
Railroad employee brought action pursuant to Federal Employers' Liability Act seeking damages for personal injuries sustained during course of his employment with railroad. The Eighth Judicial District Court, Cascade County, H. William Coder, J., returned jury verdict in favor of employee in amount of $477,000, and denied railroad's motion for new trial. Railroad appealed. The Supreme Court, Morrison, J., held that: (1) evidence supported finding that railroad had violated Federal Boiler Inspection Act; (2) testimony by medical experts was sufficient to provide basis for consideration of permanent impairment to employee's earning capacity; (3) physician's testimony was sufficient to support finding that it was probable that employee's condition would not improve during his lifetime; (4) trial court's refusal to instruct jury on nontaxability of any award made by jury if error, was harmless; and (5) evidence supported award of lost earnings and future earnings capacity. Affirmed.