Anderson v. BNSF Railway
Annotate this CaseAppellant, an employee of BNSF Railway, sued BNSF under the Federal Employers’ Liability Act, alleging that BNSF negligently assigned him to work that caused cumulative trauma injuries to his musculoskeletal system, particularly his lower back. The jury returned a verdict finding that Appellant’s cumulative trauma claim was barred by the statute of limitations. Appellant filed a motion for a new trial, arguing that BNSF’s prejudicial questions and arguments deprived him of a fair trial. The district court denied the motion. The Supreme Court reversed, holding that cumulative prejudice from BNSF’s unlawful appeal to the passions and prejudices of the jury denied Appellant a fair trial.
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