Steven D. ROBERTSON, Plaintiff-Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Corporation, Defendant-Appellant
Opinion
Opinion
Thompson, J.
Steven D. Robertson sued Burlington Northern Railroad Company under the Federal Employers’ Liability Act (FELA). He alleged he sustained a hearing loss and tinnitus (ringing in the ears) because during his employment Burlington Northern exposed him to excessive noise. Trial was before a jury. The court admitted evidence of noise standards established by the Occupational Safety and Health Act (OSHA), even though it is conceded the OSHA standards do not apply to the railroad industry.
The jury returned a verdict for Robertson. It determined his damages as a result of on-the-job exposure to noise to be $150,000. Because he was found to be four percent negligent, the award was reduced to $144,-000.
Burlington Northern appeals. It argues the district court erred in admitting the OSHA standards into evidence and abused its discretion by restricting cross-examination of Robertson’s former coworker. The cross-examination would have shown the coworker settled his hearing loss claim against Burlington Northern for $17,000.
We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
I
OSHA provides, in pertinent part:
29 U.S.C. § 653 (b)(1) & (b)(4).