Darrell E. Brown v. Csx Transportation, Incorporated, a Corporation

18 F.3d 245, 1994 U.S. App. LEXIS 3519, 1994 WL 62799
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 1, 1994
Docket93-1446
StatusPublished
Cited by83 cases

This text of 18 F.3d 245 (Darrell E. Brown v. Csx Transportation, Incorporated, a Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Darrell E. Brown v. Csx Transportation, Incorporated, a Corporation, 18 F.3d 245, 1994 U.S. App. LEXIS 3519, 1994 WL 62799 (4th Cir. 1994).

Opinions

OPINION

CHAPMAN, Senior Circuit Judge:

Darrell E. Brown brought this suit under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. § 51, against his employer, CSX Transportation, Inc. (“CSX”), for injuries he sustained as a result of a loud, shrill noise that he was exposed to while in the scope of his employment. At trial, CSX’s motions for judgment as a matter of law were denied. After the jury found for Brown and awarded him $53,000, CSX again moved for a judgment as a matter of law, and again the court denied the motion. CSX appeals the district court’s denial of its motions for judgment as a matter of law, and for the reasons stated below, we reverse.

I.

Brown, a sheet metal worker for CSX, was allegedly injured on June 22, 1987 at CSX’s rail yard in Russell, Kentucky. His claimed injury was caused when a CSX locomotive pushed some railroad cars through a “retarder” or “squeezer,” a mechanism designed to slow a rail car’s motion, producing a high-pitched, shrill noise. At the time of the incident, Brown was repairing an air valve eight to ten feet away from the point where the railroad car came into contact with the retarder. As a result of the noise, Brown claims to have suffered permanent hearing loss, tinnitus (a ringing in the ear), and emotional distress.

Brown brought a FELA action against CSX on December 1, 1988, in United States District Court for the Southern District of West Virginia. Specifically, Brown alleged that he suffered “extensive and permanent damage to his ears, including, but not limited to, hearing loss” as a result of a “high loud shrill noise.”

The case was tried before a jury, and evidence was presented that Brown, at the time of the incident, was working in the east end of the Russell yard, a high traffic area. Brown testified that he had worked in the particular area of the rail yard for several years and that locomotives frequently pushed rail cars through the yard. Brown stated that never before had he heard a noise in the east end similar to the noise which caused his injuries.

John Walker, another CSX sheet metal worker, testified that some noise is produced every time a car passes through a retarder. Charles Wheeler, a CSX signal maintainer, testified that during his many years of working in the rail yard, he had never before heard retarder noise in the specific area where the incident took place. Frank Bran-ham, a signal supervisor for CSX, testified that he was responsible for all air pressured retarders at the Russell yard and it was his opinion that the retarder at issue was obsolete at the time of Brown’s injury.

Brown’s medical expert testified that he examined Brown after the incident and Brown reported that he was exposed to a loud, shrill noise and had experienced a ringing in his ears, known as tinnitus.

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Bluebook (online)
18 F.3d 245, 1994 U.S. App. LEXIS 3519, 1994 WL 62799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darrell-e-brown-v-csx-transportation-incorporated-a-corporation-ca4-1994.