George Ward v. Cook United

Atchison, Topeka and Santa Fe Railroad Co. (Santa Fe) appeals a trial court judgment entered after a jury verdict awarding Steven O. Kauzlarich (Kauzlarich) $1,500,000 in damages under the Federal Employers Liability Act, 45 U.S.C. §§ 51-60 (1988) ("FELA" or "Act"). After the trial court denied Santa Fes motion for new trial and alternative motion for remittitur, Santa Fe appealed. The Missouri Court of Appeals, Western District, affirmed. This Court granted transfer to decide whether the trial court erred in refusing to give Santa Fes proffered instruction on mitigation of damages. The judgment of the trial court is reversed and the cause is remanded for a new trial on damages.