Missouri Court of Appeals, Western District / Nov 26, 2019
Stephen C. Wynn, et al vs. BNSF Railway Company
Stephen C. Wynn, a BNSF Railway Company conductor, sued BNSF under FELA after being injured in a train collision with an unoccupied car on the tracks. A jury found in Wynn's favor, awarding $3,500,000 in damages. BNSF appealed, alleging error in the submission and refusal of various jury instructions. The appellate court affirmed the trial court's judgment, finding no reversible error in the submitted instructions and upholding the refusal of BNSF's proposed mitigation of damages instruction.