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Kuhnel v. BNSF Railway Company

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Thursday, January 24, 2013

A-12-0296, Kuhnel (Appellant) v. BNSF Railway Company


Scotts Bluff County, District Court Judge Randall L. Lippstreu


Attorney for Appellant:  Michael J. Wilson (Schaefer Shapiro, LLP), James L. Cox (Brent Coon & Associates)


Attorney for Appellee: Nichole S. Bogen, Thomas C. Sattler (Wofle, Snowden, Hurd, Luers & Ahl, LLP)


Civil Action:  Federal Employer’s Liability Act


Action Taken by Trial Court:  Following a jury trial in which the jury found in favor of the appellee, the district court dismissed the appellant’s complaint. Additionally, the district court denied the appellant’s motion for a new trial.


Assignments of Error on Appeal:  The appellant contends that the district court committed reversible error when it failed to instruct the jury on the appellee’s duty to provide a reasonably safe place to work.


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