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eBook details

• Title: Dale O. Catlett v. Illinois Central Gulf
• Author : Supreme Court of Missouri
• Release Date : January 31, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

This appeal arises out of an action by plaintiff, Dale O. Catlett, pursuant to the provisions of the Federal Employers' Liability
Act ("FELA"), 45 U.S.C. §§ 51-60 (1982), to recover for a back injury sustained while employed by defendant,
Illinois Central Gulf Railroad Company ("Illinois Central"). Judgment was entered on a jury verdict in favor of Mr. Catlett
in the amount of $182,000. The Missouri Court of Appeals, Eastern District, affirmed. This Court granted transfer. Rule 83.03.
Reversed and remanded. On appeal, Illinois Central contends that the trial court erred in: (1) overruling defendant's motion for directed verdict,
submitting the case to the jury on plaintiff's theory that defendant failed to provide "reasonably safe methods of work" or
"reasonably adequate help," and entering judgment in favor of plaintiff; (2) overruling defendant's objections to plaintiff's
per diem closing argument; (3) striking venireperson No. 57, Darlene M. Bodimer, for cause on plaintiff's motion because Ms.
Bodimer indicated that she could give both parties a fair trial and follow the instructions of the trial court, refusing to
strike venireperson No. 514, Annie Barnes, for cause on defendant's motion, because Ms. Barnes indicated that she could not
give defendant a fair trial and could not follow the trial court's instructions, and both striking an unbiased juror and refusing
to strike a biased juror prejudiced defendant's right to a fair and impartial jury panel and denied defendant a fair trial;
and (4) refusing to apply the doctrine of comparative negligence in giving a verdict director, converse instruction, damage
instruction, and Verdict Form Z which were modified for comparative negligence.

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