George O. Aldridge and Daisy M. Aldridge v. Baltimore and Ohio Railroad Company, a Body Corporate v. Keith D. Brelsford and Erie Insurance Exchange

866 F.2d 111, 1989 U.S. App. LEXIS 604, 1989 WL 4494

Opinions

SPROUSE, Circuit Judge:

This court sitting en banc previously affirmed the judgment of the district court as to liability and damages. Aldridge v. Baltimore & Ohio R.R., 814 F.2d 157 (4th Cir.1987) (en banc) (Phillips, J., concurring; Hall and Ervin, JJ., concurring in part and dissenting in part; Russell, Widener and Chapman, dissenting), cert. granted and judgment vacated sub nom. Chesapeake & Ohio R.R. v. Aldridge, — U.S.-, 108 S.Ct. 2812, 100 L.Ed.2d 913 (1988). The United States Supreme Court has now remanded the case to us for further consideration in light of its decision in Monessen Southwest Ry. v. Morgan, — U.S.-, 108 S.Ct. 1837, 100 L.Ed.2d 349 (1988). In our view, Monessen demonstrates that we erred in affirming the district court’s judgment that Aldridge’s damages need not have been adjusted to present value. Once again, we find no reason to disturb the jury’s findings and the district court’s rulings on liability issues, but reverse that portion of the judgment relating to damages and remand it to the district court for a retrial on that issue in accordance with the views of the Supreme Court expressed in Monessen.