Kenneth Hedrick, Plaintiff-appellant, v. Baltimore and Ohio Railroad, a Maryland Corporation,defendant-appellee, 905 F.2d 1529 (4th Cir. 1990)Annotate this Case
Appeal from the United States District Court for the District of Maryland, at Baltimore. Clarence E. Goetz, United States Magistrate. (C/A No. 87-1763-JH)
Kenneth Hedrick, appellant pro se.
Stephen Bennett Caplis, H. Russell Smouse, Whiteford, Taylor & Preston, Baltimore, Md., for appellee.
Before WIDENER and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.
Kenneth Hedrick sued the Baltimore and Ohio Railroad (B & O) pursuant to the Federal Employers Liability Act, 45 U.S.C. §§ 51 et seq., alleging that B & O's negligence caused him to be injured when he threw a derail switch. In answer to special interrogatories, the jury found that Hedrick had sustained $12,500 in damages and that Hedrick's own negligence was responsible for 90 percent of the damages, with B & O's negligence the cause of the remaining 10 percent. In accordance with the verdict, the district court entered judgment for Hedrick in the amount of $1,250.
Hedrick challenges the district court judgment with the following arguments: (1) the verdict was contrary to the evidence; (2) the verdict was inadequate; (3) the district court erred in failing to admit evidence of a social security disability award and notice of favorable decision; (4) the district court should have allowed Ray Johnson to testify as a rebuttal witness; (5) the district court should not have admitted photographs of the accident scene.
The magistrate who heard the case fully addressed each contention in a memorandum denying Hedrick's motion for a new trial. For reasons adequately stated by the magistrate, we affirm the judgment. See Hedrick v. Baltimore & O.R.R., C/A No. 87-1763-JH (D. Md. Dec. 2, 1988). Our review of the record and other materials before us discloses that oral argument would not significantly aid the decisional process; accordingly, we dispense with argument.