Missouri Court of Appeals, Eastern District / Dec 10, 2024
Douglas Overfield, Respondent, v. BNSF Railway Company, Appellant.
Douglas Overfield, a locomotive engineer, sued BNSF Railway Company under the Federal Employers' Liability Act (FELA) for injuries sustained when his reflective vest snagged on a door handle. A jury awarded Overfield $2.75 million. BNSF appealed, arguing the verdict director was improper due to disjunctive bases lacking substantial evidence and constituting a roving commission, and that the trial court erred in refusing a withdrawal instruction. The appellate court affirmed the trial court's judgment, finding no instructional error as the verdict director was supported by substantial evidence and was not a roving commission, and the withdrawal instruction was properly refused.