082151P.pdf   07/29/2009  Brian Wright  v.  AR & MO Railroad Company
   U.S. Court of Appeals Case No:  08-2151
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
   [PUBLISHED] [Smith, Author, with Murphy, Circuit Judge, and
   Limbaugh, District Judge]
   Civil case - Federal Employer's Liability Act. Claim that jury
   instructions applied different standards to negligence and contributory
   negligence rejected; district court did not err in allowing railroad to
   introduce evidence that plaintiff was discharged for misconduct after he
   opened the door by testifying he had been discharged for reasons related
   to his injury; district court did not err in admitting evidence concerning
   absences as it was relevant to credibility; district court did not err in
   granting summary judgment for railroad on plaintiff's Locomotive
   Inspection Act claim as the evidence showed the locomotive was not in
   use at the time plaintiff slipped and fell from its steps. Judge Limbaugh,
   concurring.