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Cobb v. Soo Line Railroad Company

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  • Cobb v. Soo Line Railroad Company

    Date Decided: Dec 7th, 2010
    Decided By: Minnesota Court of Appeals (State)
    Court: Court of Appeals of Minnesota
    Citation: 2010 WL 4941618 (Minn. App.)

    Background:
    Plaintiff, a railroad employee, brought this action againsthis employer, Soo Line Railroad Co. ("Soo"), based on the Federal Employers'Liability Act ("FELA"). Plaintiffwas injured when he exited a private vehicle at his place of work, thenallegedly slipped on an ice patch beneath his feet, thereby hurting hisback. Defendant's expert testifiedthat the Plaintiff's back condition was merely an otherwise existing ailmentthat pre-existed the incident. Thejury found for the Defendant, but did award the plaintiff a smaller award forlost wages. Plaintiff appeals thedecision, arguing that the trial court erred by instructing the jury oncontributory negligence despite the lack of evidence supporting such aninstruction. Specifically, Plaintiffalleges that the defendant did not provide any specific evidence that plaintiffwas negligent.


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