Kozik v. Union Pacific Railroad Co.

Plaintiff brought claims under the federal Employers’ Liability Act against his former employer for injuries he alleged were sustained during his employment. A jury found in favor of plaintiff and awarded him damages. Defendant appealed, arguing that the trial court erroneously excluded evidence related to plaintiff’s credibility when it excluded evidence that plaintiff was convicted of a crime of dishonesty in 2016. The appellate court reversed and remanded for a new trial, finding that evidence of plaintiff’s prior felony theft conviction was admissible because it was relevant to the plaintiff’s credibility and that there was “little risk” of unfair prejudice. (VAN TINE and ELLIS, concurring)