Summary: The Defendant moved for a judgment as a matter of law that it did not violate the Federal Safety Appliance Act and that the Plaintiff’s injuries were not caused by the Defendant’s violation of the Federal Safety Appliance Act. The Defendant also moved for a new trial on causation and economic damages and, alternatively, a remittitur on economic damages. The Court denied the motion for a judgment as a matter of law, finding that the jury had a legally sufficient evidentiary basis for its verdict. The Court denied the motion for new trial, finding that the jury’s verdict was not against the weight of the evidence, the Court did not abuse its discretion, the jury instructions properly informed the jury of the substantive law, and no comments made by the Plaintiff’s counsel were plainly unwarranted, clearly injurious, or prejudicial. The Court denied the motion for remittitur, finding that the jury’s damage award was not unreasonable.
Case Name: Magelky v. BNSF Railway Co.
Case Number: 1-06-cv-25
Docket Number: 109
Date Filed: 10/1/08
Nature of Suit: 330
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Cindy M. Magelky,
BNSF Railway Company, a corporation,
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) ) ORDER DENYING DEFENDANT’S ) MOTION FOR JUDGMENT AS ) MATTER OF LAW OR NEW ) TRIAL AND/OR REMITTITUR ) ) Case No. 1:06-cv-25 ) ) ) |