Lonnie L. Wharf v. Burlington Northern Railroad Company, a Corporation, Lonnie L. Wharf v. Burlington Northern Railroad Company, a Corporation

OVERVIEW

Lonnie L. Wharf (‘Wharf’) sued his employer, Burlington Northern Railroad (“Burlington”), under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51-60 , after a workplace injury to a finger on his left hand. A jury trial was conducted by a magistrate of the United States District Court for the Eastern District of Washington. The jury, finding that Burlington’s negligence had caused the injury, awarded Wharf $90,000 in compensatory damages.

Burlington appeals the trial court’s grant of judgment as a matter of law on the issue of Wharfs contributory negligence. Because Wharf was engaged in a rescue when he was injured, and because there is no evidence that Wharfs conduct was wanton or reckless, we affirm the ruling on contributory negligence.

On cross-appeal, Wharf requests a new trial on damages because of opposing counsel’s misconduct and newly discovered evidence. Before trial, the parties had stipulated that Wharf continued to be employed by the railroad. Burlington’s counsel learned during trial that the railroad planned to fire Wharf during Wharfs counsel’s closing argument, but Burlington’s counsel did not inform Wharf or the court. Instead,…