Case Number
E2012-01204-COA-R3-CV
Andrew Spencer (“Plaintiff”) sued Norfolk Southern Railway Company (“Railroad”) for negligence under the Federal Employers’ Liability Act. After a jury trial, the Trial Court entered judgment on the jury’s verdict finding and holding, inter alia, that the Railroad was not at fault for Plaintiff’s injury. Plaintiff appeals raising an issue regarding jury instructions concerning foreseeability and notice. We find that the jury instruction regarding foreseeability and notice was misleading, and we vacate and remand for a new trial.
Originating Judge
Judge W. Jeffrey Hollingsworth
Case Name
Andrew Spencer v. Norfolk Southern Railway Company
Date Filed
Dissent or Concur
No
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