James Norvell v. Bnsf Railway Company

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 8 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES NORVELL, No. 22-35373

Plaintiff-Appellant, D.C. No. 3:17-cv-05683-BHS

v.

MEMORANDUM*

BNSF RAILWAY COMPANY, a Delaware corporation,

Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington Benjamin H. Settle, District Judge, Presiding

Argued and Submitted April 14, 2023 Seattle, Washington

Before: McKEOWN and DESAI, Circuit Judges, and SILVER,** District Judge.

James Norvell appeals from the entry of judgment in favor of BNSF

Railway Company after a jury trial. We have jurisdiction pursuant to 28 U.S.C.

§ 1291 and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Roslyn O. Silver, United States District Judge for the District of Arizona, sitting by designation. We “review de novo whether [jury] instructions accurately state the law.”

Skidmore as Tr. for Randy Craig Wolfe Tr. v. Led…