Alby v. BNSF Ry. Co.

918 N.W.2d 562
CourtCourt of Appeals of Minnesota
DecidedAugust 6, 2018
DocketA17-1242
StatusPublished
Cited by1 cases

This text of 918 N.W.2d 562 (Alby v. BNSF Ry. Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alby v. BNSF Ry. Co., 918 N.W.2d 562 (Mich. Ct. App. 2018).

Opinion

SCHELLHAS, Judge

Following a jury verdict in this case arising under the Federal Employers Liability Act, appellant challenges the district court's grant of judgment as a matter of law to respondent and argues that the *565court erred in applying the federal postjudgment interest rate. Respondent challenges the court's denial of its motion for a new trial. We affirm in part and reverse in part.

FACTS

Respondent BNSF Railway Company (BNSF) employed appellant James Alby for approximately 20 years as a conductor and engineer. In January 2014, Alby experienced back pain and could not move. Alby's treating orthopedic surgeon and medical-causation expert, Dr. Stefano Sinicropi, concluded that Alby suffered from degenerative disc disease and a disc herniation. Beginning in the spring of 2014, Alby underwent multiple medical procedures to address his back injury.

In June 2014, Alby sued BNSF under the Federal Employers Liability Act (FELA), 45 U.S.C. § 51, alleging that BNSF's negligence, including violations of federal track standard regulations and the Locomotive Inspection Act (LIA), 49 U.S.C. § 20701 (2012), caused his back injury. BNSF moved to exclude Alby's proffered expert opinion, including that of Dr. Sinicropi, and moved for summary judgment. The district court denied BNSF's motions and the case proceeded to trial by jury.

Alby testified at trial, along with Beau Price (BNSF's Director of Locomotive and Air Brake Systems), Dennis Luft (Alby's coworker at BNSF), Alan Blackwell (engineer), Dr. Robert Andres (ergonomist), and Dr. Sinicropi (Alby's medical-causation expert). The jury returned a special verdict in Alby's favor, finding that BNSF violated the LIA and that the violations caused, in whole or in part, Alby's back injury. The jury also found that BNSF did not violate any federal track regulations and was not negligent. The jury awarded Alby $1,888,264.90 in damages. The district court ordered collateral offsets to the award and ruled that the federal postjudgment interest rate is applicable to the resulting judgment of $1,524,663.79.

BNSF moved for judgment as a matter of law (JMOL) and, in the alternative, a new trial. The district court granted JMOL to BNSF, vacated the judgment in favor of Alby, and dismissed Alby's claims. The court also denied BNSF's motion for a new trial.

This appeal follows.

ISSUES

I. Did the district court err by granting JMOL to BNSF?

II. Did the district court err by concluding that the federal postjudgment interest rate applies?

III. Did the district court abuse its discretion by denying BNSF's motion for a new trial?

ANALYSIS

I.

Although the district court agreed with the jury's special verdict-that BNSF violated the LIA by using faulty shock absorbers and seats in the locomotives in which Alby rode-the court granted JMOL to BNSF, concluding that Alby had failed to establish causation between BNSF's LIA violations and his injuries. Alby argues that the district court erred by granting BNSF's motion. A district court should grant JMOL

only in those unequivocal cases where (1) in light of the evidence as a whole, it would clearly be the duty of the district court to set aside a contrary verdict as being manifestly against the entire evidence, or where (2) it would be contrary to the law applicable to the case.

*566Jerry's Enters., Inc., v. Larkin, Hoffman, Daly & Lindgren, Ltd. , 711 N.W.2d 811, 816 (Minn. 2006) (quotation omitted); Diesen v. Hessburg , 455 N.W.2d 446, 452 (Minn. 1990) (stating that district court should not grant JMOL unless the evidence is practically conclusive against the verdict and reasonable minds can reach only one conclusion or when the jury's findings are contrary to the law applicable in the case).

"A motion for judgment as a matter of law is reviewed de novo." Daly v. McFarland , 812 N.W.2d 113, 119 (Minn. 2012). Appellate courts do not set aside a jury's verdict "if it can be sustained on any reasonable theory of the evidence." Pouliot v. Fitzsimmons , 582 N.W.2d 221, 224 (Minn. 1998). "Viewing the evidence in a light most favorable to the nonmoving party, [an appellate] court makes an independent determination of whether there is sufficient evidence to present an issue of fact for the jury." Jerry's Enters. , 711 N.W.2d at 816.

Alby's claim originates under FELA. "Under FELA, a railroad 'shall be liable in damages to any employee suffering injury from the negligence' of the railroad or its employees." Kinworthy v. Soo Line R.R. , 860 N.W.2d 355, 357 (Minn. 2015) (quoting 45 U.S.C. § 51 ). A "railroad employee may bring a FELA claim in either state or federal court." Id. ; see 45 U.S.C. § 56 (2012) ("The jurisdiction of the courts of the United States under this chapter shall be concurrent with that of the courts of the several States."). FELA provides that " '[e]very common carrier by railroad ... shall be liable in damages to any person suffering injury while he is employed by such carrier ... for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier.' " CSX Transp., Inc. v. McBride , 564 U.S. 685

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Bluebook (online)
918 N.W.2d 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alby-v-bnsf-ry-co-minnctapp-2018.