Kelly Dean Black v. Southern Pacific Transportation Company

996 F.2d 1223 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kelly Dean BLACK, Plaintiff-Appellee, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant-Appellant. No. 92-15256. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 15, 1993. Decided June 17, 1993. 1 Before: GOODWIN, NORRIS, and RYMER, Circuit Judges 2 MEMORANDUM * 3 This is an action brought under the Federal Employers' Liability Act ("FELA"). The sole question on appeal is whether the district court erred in granting appellee Black, the employee, a directed verdict on liability. A directed verdict is reviewed de novo and is proper when the evidence permits only one reasonable conclusion as to the verdict. The evidence must be viewed in the light most favorable to the nonmoving party (in this case the employer, appellant Southern Pacific) and all inferences must be drawn in its favor. In Re Hawaii Federal Asbestos Cases, 960 F.2d 806, 816 (9th Cir.1992). 4 Black's theory of the case was…