2900. FELA Essential Factual Elements

2900. FELA--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that while [he/she/[name of decedent]] was employed by [name of defendant], [[he/she] was harmed by/ [his/her] death was caused by] [name of defendant]'s negligence. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. 5. 6. 7. 8. That [name of plaintiff/decedent] was employed by [name of defendant]; That [name of defendant] was a common carrier by railroad; That [name of defendant] was engaged in interstate commerce; That [name of plaintiff/decedent]'s job duties furthered, or in any way substantially affected, interstate commerce; That [name of plaintiff/decedent] was acting within the scope of [his/her] employment at the time of the incident; That [name of defendant] was negligent; That [name of plaintiff] was harmed; and That [name of defendant]'s negligence was a cause of [name of plaintiff/decedent]'s [harm/death]. ["Interstate commerce" is commercial activity that crosses more than one country or state, such as the movement of goods from one state to another.] ________________________________________________________________________________ New September 2003; Revised June 2011, December 2011