Thomas J. Hard v. Burlington Northern Railroad Company

Thomas Hard appeals the denial of his motion for a new trial. Hard claims that the district court' abused its discretion in denying his motion after it was discovered that a juror failed to disclose his former employment during voir dire questioning. Hard asserts that disclosure of the juror’s former employment would have provided a valid basis for a challenge for cause, and that the juror brought extraneous and prejudicial information before the jury,- thus denying him a fair trial.

We have jurisdiction pursuant to 28 U.S. C. § 1291 and affirm.

I.

Facts and Proceeding; Below

While washing a locomotive for defendant-appellee Burlington Northern Railroad, Hard slipped and fell on a concrete ramp, allegedly sustaining injuries to his arm, shoulder, neck and back. He brought suit under the Federal Employers’ Liability Act, 45 U.S.C. § 51 , et seq. (1982), claiming negligence on the part of Burlington Northern. After a jury trial in which substantial conflicting testimony was introduced regarding liability and damages, Hard was found 50% negligent and awarded $5000. . .

After the trial Hard’s attorney discovered that one of the jurors, Donald Fraser, was a former employee of…