Mark Blackmon was injured when his specially equipped rail maintenance truck ran into the rear of a stopped train. He brought this action against his employer, Norfolk Southern Railway Company (NSRC), under the Federal Employers' Liability Act (FELA), 45 USC § 51 et seq. The jury awarded $5,000,000 to Blackmon, and NSRC appeals, arguing among other things that the trial court erroneously denied...
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