Procedural Background—Jury Returns Verdict

On February 1, 2002, plaintiff filed a petition against Union Pacific to recover damages under the Federal Employers’ Liability Act [FELA] for his injuries from asbestos exposure. The case was tried before a jury. During the instruction conference, Union Pacific offered two not-in-MAI instructions addressing recovery of damages based on emotional distress from fear of developing cancer, which the trial court rejected.

The jury returned a verdict assessing eighty percent fault to Union Pacific and twenty percent fault to plaintiff. The jury found the total amount of plaintiff's damages, disregarding plaintiff's fault, to be $300,000.00. The trial court entered judgment against Union Pacific in the amount of $240,000.00. Union Pacific raises two points on appeal.

Courtesy of Missouri Court of Appeals: Timothy P. Hedgecorth v. Union Pacific Railroad Co

see also:

FELA Recovering asbestos damages under Federal Employers’ Liability Act
Federal Employers’ Liability Act - Helping fight asbestos exposure

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