Rick E. Clark, & Cross-Appellee v. Burlington Northern, Inc., a Corporation, & Cross-Appellant

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that where assumption of the risk is neither argued nor plead in a FELA case, giving an assumption of the risk withdrawal instruction may be confusing and misleading to a jury
• allowing for set-off only where plan \explicitly provide[d] that money paid or payable under the FELA decreases the benefits allowable\
• finding in FELA action that the jury \undoubtedly considered\ the stipulated lost wages in calculating its award to plaintiff and affirming the district court's reduction to avoid double recovery
• `Cases discussing the issue have generally condemned the giving of an assumption of risk instruction in FELA actions.'
• \Cases discussing the issue have generally condemned the giving of an assumption of risk instruction in FELA actions.\
• reaching same result without discussion

Source: CourtListener parenthetical corpus (CC0).