Payne v. CSX Transp., Inc.
Annotate this CaseA railroad employee with lung cancer brought this action against the railroad under the Federal Employers’ Liability Act, alleging that the railroad (1) had negligently exposed him to toxic materials that were contributing causes to his illness, and (2) was negligent per se by violating pertinent safety statutes or regulations. The jury rendered a verdict in favor of the plaintiff, concluding that the employee’s cancer and death were caused by the railroad’s negligence and by its negligence per se. The jury awarded $8.6 million in damages but then entered an amended verdict awarding the plaintiff $3.2 million. The trial court granted a new trial based on evidentiary and instructional issues and later entered an order of recusal. A substitute judge granted summary judgment for the railroad after excluding the plaintiff’s expert proof on the issue of causation. The court of appeals reversed and remanded for the original trial judge to enter judgment on either the original verdict or the amended verdict. The Supreme Court reversed, holding (1) the plaintiff’s expert proof was properly admitted at trial; but (2) the original judge erred by granting the railroad’s motion for a new trial and committed prejudicial error in assessing the amount of damages to be awarded. Remanded for a new trial as to damages only.
Court Description: Authoring Judge: Justice Gary R. Wade
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