Consolidated Rail Corp. v. Grand Trunk Western Railroad

963 F. Supp. 2d 722, 2013 WL 4052927, 2013 U.S. Dist. LEXIS 113117
CourtDistrict Court, E.D. Michigan
DecidedAugust 12, 2013
DocketCase No. 09-cv-10179
StatusPublished
Cited by3 cases

This text of 963 F. Supp. 2d 722 (Consolidated Rail Corp. v. Grand Trunk Western Railroad) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Consolidated Rail Corp. v. Grand Trunk Western Railroad, 963 F. Supp. 2d 722, 2013 WL 4052927, 2013 U.S. Dist. LEXIS 113117 (E.D. Mich. 2013).

Opinion

ORDER DENYING GRAND TRUNK’S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, FOR NEW TRIAL OR REMITTITUR [229]

NANCY G. EDMUNDS, District Judge.

This case’s central issue has been whether Plaintiffs Consolidated Rail Cor[724]*724poration and Norfolk Southern Railroad Company (“Plaintiffs” or “Conrail”) had the right to use Defendant Grand Trunk’s tracks to cross a property either called “Trenton Steel Warehouse” or on which “Trenton Steel Warehouse,” a building, was located, to serve nonparty E.C. Korneffel Company, not located on the property at issue. From March 6 to March 16, 2012, the Court held a jury trial on whether Conrail or Grand Trunk breached the contract establishing the traverse rights, the 1996 Trackage Rights Agreement (1996 TRA). On March 16, 2012, the jury returned a verdict in Conrail’s favor. The jury determined that Conrail (as agent for Norfolk Southern (NS) and CSX Transportation (CSX)) had the right to use Grand Trunk’s tracks to serve Korneffel. (Dkt. 206.) The jury found that NS and CSX suffered damages as a result of Grand Trunk’s preventing Conrail from delivering freight to Korneffel. (Id.) The jury awarded NS $39,816.80 and CSX $189,351.76. (Id.)

Before the Court is Grand Trunk’s motion for judgment as a matter of law, or alternatively, for a new trial or remittitur. (Dkt. 229, Grand Trunk’s Mot.) Grand Trunk first argues that it is entitled to judgment as a matter of law because the 1996 TRA only grants Contrail the right to serve Huron Valley Steel (HVS) (a steel company on the property) or its successor and the Court and the jury impermissibly rewrote the 1996 TRA. (Id. at ii.) Grand Trunk then argues that it is entitled to a new trial because the verdict was against the great weight of the evidence and because the Court improperly admitted Plaintiffs’ damages evidence. (Id.) Grand Trunk lastly argues that is should at least be entitled to a new trial on damages or remittitur. (Id.)

The Court does not find Grand Trunk’s arguments persuasive. The Court recognized and recognizes again that the issues presented in this case were close and contested, but the Court found that the 1996 TRA was ambiguous and submitted the case’s central issue to the jury. After a ten-day trial, with both sides presenting testimony and submitting evidence to support their positions, the jury found Plaintiffs’ arguments more persuasive. Evidence exists that supports Plaintiffs’ position. The Court therefore will not disturb the jury’s verdict. Nor will the Court grant Grand Trunk a new trial, much for the same reasons. And the Court finds that Grand Trunk is not entitled to a new trial on damages or remittitur-the Court properly admitted Plaintiffs’ damages witnesses and Grand Trunk had the opportunity, through cross-examination, to challenge the damages calculations. Grand Trunk did not sway the jury with its argument.

For those reasons, and the reasons more fully addressed below, the Court DENIES Grand Trunk’s renewed motion for judgment as a matter of law or, in the alternative, for new trial or remittitur.

I. Standards

A. Rule 50 standard

“Rule 50 limits renewed motions for judgment as a matter of law to issues that were previously raised.” Hillside Productions, Inc. v. County of Macomb, 06-11566, 2008 WL 4058512, at *3 (E.D.Mich. Aug. 28, 2008) (citing Fed. R.Civ.P. 50(b) and American and Foreign Ins. Co. v. Bolt, 106 F.3d 155, 159-60 (6th Cir.1997)). A judgment as a matter of law in a jury trial, “is not available at anyone’s request on an issue not brought before the court prior to submission of the case to the jury.” Id. (citations omitted). “A post-trial motion for judgment can be granted only on grounds advanced in the pre-verdict motion.” Id. (citation omitted).

[725]*725“Judgment as a matter of law may be granted if, when viewing the evidence in a light most favorable to the non-moving party, giving that party the benefit of all reasonable inferences, there is no genuine issue of material fact for the jury, and reasonable minds could come to but one conclusion in favor of the moving party.” Balsley v. LFP, Inc., 691 F.3d 747, 757 (6th Cir.2012) (quoting Barnes v. City of Cincinnati, 401 F.3d 729, 736 (6th Cir.2005)). Where a party raises a Rule 50(b) motion on the basis that the jury’s decision was against the weight of the evidence, “[t]he evidence should not be weighed, and the credibility of the witnesses should not be questioned. The judgment of [a] court should not be substituted for that of the jury[.]” Id. (Citation omitted).

B. Rule 59 standard

Rule 59 permits a court to “grant a new trial on all or some of the issues — and to any party” — after a jury trial, for any reason for which a new trial has ... been granted in [federal court,] and in a “non jury trial, for any reason for which a rehearing has ... been granted ... in federal court.” Fed.R.Civ.P. 59. “Generally courts have interpreted this language to mean that a new trial is warranted when a jury has reached a ‘seriously erroneous result’ as evidenced by (1) the verdict being against the weight of the evidence; (2) the damages being excessive; or (3) the trial being unfair to the moving party in some fashion; i.e., the proceedings being influenced by prejudice or bias.” Holmes v. City of Massillon, Ohio, 78 F.3d 1041, 1045-46 (6th Cir.1996) (citations omitted).

C. Remittitur

Generally, a court will not set aside or reduce a jury verdict or find it excessive “unless it is beyond the maximum damages that the jury could find to be compensatory for a party’s loss.” Sykes v. Anderson, 625 F.3d 294 at 322 (6th Cir.2010) (citations omitted). A district court has discretion to remit a compensatory damages “verdict only when, after reviewing all the evidence in the light most favorable to the prevailing party, it is convinced that the verdict is clearly excessive; resulted from passion, bias, or prejudice; or is so excessive or inadequate as to shock the conscience of the court.” Id. (citation omitted). “If there is any credible evidence to support a verdict, it should not be set aside.” (citation omitted).

II. Analysis

A. Defendant is not entitled to judgment as a matter of law or a new trial because Plaintiffs presented evidence at trial that supported their case

Grand Trunk argues that it is entitled to judgment as a matter of law because the 1996 TRA only grants Conrail the right to serve HVS or HVS’s successor. (Dkt. 149, Grand Trunk’s Mot. at 3.) Grand Trunk first explains that the TRA’s plain terms solely grant Conrail the right to serve one specific customer. (Id.)

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963 F. Supp. 2d 722, 2013 WL 4052927, 2013 U.S. Dist. LEXIS 113117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidated-rail-corp-v-grand-trunk-western-railroad-mied-2013.