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Kuhnel v. BNSF Railway Company

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Wednesday, December 4, 2013

S-12-0296, Edwin H. Kuhnel (Appellant) v. Burlington Northern Santa Fe Railway Co.

Scots Bluff County, Judge Randall L. Lippstreu

Attorneys: Michael J. Wilson (Schaefer Shapiro LLP) (Appellant) --- Nichole S. Bogen, Thomas C. Sattler (Wolfe Snowden Hurd Luers & Ahl LLP)

Civil: Federal Employer’s Liability Act (FELA); injury to covered worker

Proceedings below: A jury found in favor of BNSF and overruled Appellant’s motion for new trial. The Court of Appeals reversed and remanded for a new trial. See Kuhnel v. BNSF Railway Company, 20 Neb. App. 884 (2013). BNSF filed a Petition for Further Review which was granted by the Nebraska Supreme Court.

Issues on Review: The Court of Appeals erred in (1) finding plain error and relying on Schmitz  v. Canadian Pacific Ry. Co., 454 F.3d 678 (7th Cir. 2006); and Ragsdell v. Southern Pacific Trans. Co., 688 F.2d 1281 (9th Cir., 1982); (2) holding the trial court failed to properly instruct the jury; (3) failing to find the appeal precluded; (4) failing to apply the general verdict rule.

This page was last modified on Wednesday, December 4, 2013