Gerald W. Marstaeller v. Montana Rail Link, a Corporation

9 F.3d 1552 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gerald W. MARSTAELLER, Plaintiff-Appellee, v. MONTANA RAIL LINK, a corporation, Defendant-Appellant. No. 92-35406. United States Court of Appeals, Ninth Circuit. Submitted Nov. 3, 1993. * Decided Nov. 9, 1993. 1 Before: TANG, FARRIS, and RYMER, Circuit Judges 2 MEMORANDUM ** 3 Montana Rail Link appeals the district court's judgment following a jury trial in favor of Gerald W. Marstaeller in Marstaeller's action under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51-60 , alleging that injuries Marstaeller suffered in two separate accidents were caused by Montana Rail's negligence. The jury found that Montana Rail's negligence caused both accidents and that Marstaeller was not contributorily negligence. On appeal, Montana Rail challenges the district court's denial of a motion for a judgment notwithstanding the verdict as to the first accident, and its denial of a motion for a new trial as to…