Andrew Spencer v. Norfolk Southern Railway Company

Case Number
E2012-01204-SC-R11-CV

The plaintiff, who was injured while pulling a switch for his employer, Norfolk Southern Railway, filed suit for negligence under the Federal Employers’ Liability Act. The jury returned a verdict in favor of the defendant railroad.  The Court of Appeals, ruling that the trial court had provided an erroneous jury instruction, reversed the jury verdict and granted the plaintiff a new trial. Because we find that the instruction qualifies as “substantially accurate” in the context of the entire charge, we reverse the judgment of the Court of Appeals and reinstate the verdict of the jury.

Authoring Judge
Chief Justice Gary R. Wade
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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