Wise Carter attorney, Charlie Russell, served as lead trial counsel for Chicago, Central and Pacific Railroad (d/b/a CN) on a matter involving the Federal Employers Liability Act (FELA) statute of limitations and discovery rule. The Iowa Court of Appeals affirmed the jury verdict.
The Plaintiff was a railroad employee who had sued his railroad employer pursuant to FELA. Plaintiff appealed the district court’s denial of a motion for a new trial following a civil jury verdict in favor of the firm’s clients. The Plaintiff challenged the propriety of the instructions the district court provided to the jury concerning the statute of limitations and discovery rule.
The Iowa Court of Appeals found the first challenged jury instruction to be a correct statement of the law, found the instructional error harmless, and affirmed the denial for a new trial.