Missouri & Northern Arkansas Railroad Company Inc v. Entergy Arkansas Inc

Filing 126

JUDGMENT in favor of Missouri & Northern Arkansas Railroad Company Inc against Entergy Arkansas Inc in the amount of $268,233.29 re 125 Order. This judgment shall accrue interest at.18% per annum from today until paid in full. MNA is entitled to costs, prejudgment interest, attorney's fees, and the specific amount of taxable costs incurred in this lawsuit are deferred pending discussion between the parties and a motion from MNA by 10/20/12. Signed by Judge D. P. Marshall Jr. on 11/6/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

MISSOURI & NORTHERN ARKANSAS
RAILROAD COMPANY, INC.

v.

PLAINTIFF

No. 1:10-cv-8-DPM

ENTERGY ARKANSAS, INC.

DEFENDANT

JUDGMENT
1. The Court earlier granted summary judgment on MNA's claims for
contribution and implied indemnity. Document No. 65. Those claims are
dismissed with prejudice.

2. The parties tried MNA's contractual-indemnity claim to a twelveperson jury from 6 December to 8 December 2011. After deliberations, the
jury returned its verdict.
1.

At the time of his injury, was Leal" on or about Switch" as
MNA and Entergy used that phrase in their contract?
X

Yes

No

I s I Pam Brownd
Foreperson

12-8-11

1:55

If you answered Question 1 "No," then your deliberations are
done. If you answered Question 1 "Yes," then answer Question

2.

2.

Did Leal sustain injury "from any act or omission" of
Entergy as the parties used that phrase in their contract?
X

Yes

No

I s I Pam Brownd
Foreperson

12-8-11

1:55

If you answered Question 2 "No," then your deliberations are
done. If you answered both Questions 1 and 2 "Yes," then
answer Question 3.

3.

Was MNA negligent, and was such negligence a proximate
cause of Leal's injuries?
X

Yes

No

Is I Pam Brownd
Foreperson

12-8-11

1:55

Document No. 119.
3. For the reasons explained in the Court's recent Order, Document No.
125, the Court denies the parties' cross motions for judgment as a matter of
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law on the issues captured in questions 2 and 3, but the Court grants MNA's
motion for judg1nent as a matter of law on the apportionment issue, which
was put to the jury in question 3 about the railroad's negligence.
4.

The Court therefore enters judgment for Missouri & Northern

Arkansas Railroad Company, Inc. against Entergy Arkansas, Inc., for
$268,233.29. This amount covers MNA's settlement with Joe Leal, his medical
bills paid by the railroad, and attorney's fees and expenses incurred by MNA
in defending Leal's FELA suit. MNA and Entergy stipulated to the total and
the particulars. Document No. 34. This judgment shall accrue interest at .18%
per annum from today until paid in full. 28 U.S.C. § 1961(a)-(b).
5. As the prevailing party, MNA is entitled to Rule 54(d)(1) costs.
MNA' s entitlement to prejudgment interest, attorney's fees, and the specific
amount of taxable costs incurred in this lawsuit are deferred pending
discussion between the parties and a motion from MNA (either agreed or
disputed) by 20 November 2012.

D.P. Marshall Jr.
United States District Judge

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