Norfolk Southern Railway Co. v. Jones

466 S.E.2d 260, 219 Ga. App. 602, 96 Fulton County D. Rep. 101, 1995 Ga. App. LEXIS 1104
CourtCourt of Appeals of Georgia
DecidedDecember 5, 1995
DocketA95A1152
StatusPublished
Cited by2 cases

This text of 466 S.E.2d 260 (Norfolk Southern Railway Co. v. Jones) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Norfolk Southern Railway Co. v. Jones, 466 S.E.2d 260, 219 Ga. App. 602, 96 Fulton County D. Rep. 101, 1995 Ga. App. LEXIS 1104 (Ga. Ct. App. 1995).

Opinions

McMurray, Presiding Judge.

Norfolk Southern Railway Company (“Norfolk Southern” or “the railroad”) appeals from a judgment entered on a jury’s verdict, awarding Andra Jones damages for work-related injuries he sustained at Norfolk Southern’s rail yard in Atlanta, Georgia. The jury’s verdict is based on a finding that Norfolk Southern violated the Federal Employers’ Liability Act (“FELA”), 45 USC § 51 et seq. In a special verdict form, the jury segregated damages for past lost wages, future lost wages, past pain and suffering and future pain and suffering. The jurors also specified that they could not reach a verdict as to Jones’ claim under the “Automatic Coupler” or Safety Appliances Act, 45 USC § 1 et seq. Other than challenging two evidentiary rulings and a jury instruction, Norfolk Southern contends the jury’s $1,575,000 verdict was the product of vengeance, rather than proof, inspired by “pejorative” remarks against the railroad during Jones’ closing argument. We affirm.

On February 23, 1991, Andra Jones was injured while working as a switchman for Norfolk Southern. The injury occurred while Jones [603]*603was manually aligning a railcar’s “draw head” or “gooseneck” coupler, a 300 to 400 pound mechanism designed to automatically connect one railcar to another upon controlled impact. Although the coupler Jones was attending was intended to function without human intervention, the “draw head” skewed and would not properly engage. Jones attempted to correct the misalignment via manual manipulation, but failed because the coupler was not greased for easy adjustment. Jones was required to lift the massive coupler and push it into place. In the process, however, he injured his back. Jones reported the incident to his supervisor and submitted an accident report. This report later disappeared from Norfolk Southern’s records and railroad supervisors speculated that Jones had faked a work-related accident.

The day after his injury, Jones was diagnosed with lower back strain. Jones returned to work a few days later with no restrictions, but acute pain set him in bed for hours after each day of work. A follow-up examination resulted in the same diagnosis. But this changed a month later after Jones consulted with a doctor not associated with Norfolk Southern. This physician determined that Jones had a ruptured disk and that he suffered nerve damage in his legs. Jones was instructed not to work, and directed to submit to physical therapy. Jones subsequently underwent a percutaneous lumbar diskectomy, in which a large needle was inserted in his back to remove a portion of the ruptured disk. Jones thereafter continued with physical therapy and returned to work. But Jones suffered with so much pain in his legs and back that he returned to the doctor. Further tests revealed that Jones still had a herniated disk. More spinal surgery was performed and physical therapy continued. Jones continued to experience tingling in his leg and he was informed that he has arthritis. Nonetheless, Jones returned to work in February 1993, but his pain forced him into a three-month work hardening program from which he received a list of restrictions. Norfolk Southern then evaluated Jones and decided he could no longer work as a switchman. It was determined that Jones has permanent scaring around his spinal cord and that he suffers with a 20 percent permanent disability. He was 31 years of age at the time of his injury.1

At trial, Jones claimed that Norfolk Southern violated the FELA and the “Automatic Coupler” or Safety Appliances Act by failing to routinely grease “gooseneck” couplers. Jones claimed that this main[604]*604tenance policy exposed him to unnecessary dangers associated with having to lift and pull the heavy “gooseneck” coupler under hazardous conditions. Norfolk Southern asserted at trial that such lubrication was neither required nor prescribed under the FELA or the Safety Appliances Act. Railroad supervisors testified that they believed Jones faked the work-related accident so that he could recover for an off-the-job injury. They also believed that Jones exaggerated the magnitude of his injuries by falsely demonstrating that he could no longer align a railroad switching device during a return-to-work test. After the close of evidence, however, Norfolk Southern’s attorney admitted during closing argument that the railroad had failed to present evidence (as promised during opening statements) that Jones faked an on-the-job injury. Norfolk Southern’s attorney also did not argue that Jones had faked a return-to-work test. He asserted that the only remaining issues were whether Jones caused his own injuries by negligently manipulating the “gooseneck” coupler and “whether [the railroad’s policy not to grease gooseneck couplers] the way we’ve done it over a period of time is negligent or not.”

Jones’ attorney responded (during closing argument) by pointing out that Norfolk Southern failed to present proof supporting the railroad’s long-held accusations that Jones is a fake, a liar and a cheat; that the accident report Jones submitted on the night of the accident was missing, and that the railroad’s key witnesses (two Norfolk Southern foremen who inspected the “gooseneck” coupler on the night of the accident) gave dubious testimony regarding the extent of their inspection. Specifically, Jones’ attorney questioned how the foremen could have possibly tested the lateral play in the “goose-neck” coupler in light of proof that such a test cannot be performed while a coupler is engaged and that the “gooseneck” coupler that caused Jones’ injuries was engaged at the time of the alleged inspection. Along the same line, Jones’ attorney pointed out noticeable differences in the handwriting on the foremens’ inspection report indicating an alteration on a portion of the report providing that the “LATERAL PLAY” in the coupler was “OK.” Jones’ attorney suggested that these inconsistencies indicated that Norfolk Southern was involved in a cover-up and that the railroad routinely employed such draconian tactics to avoid liability under the FELA and the Safety Appliances Act. Jones’ attorney also suggested that the Safety Appliances Act is ineffectual because it calls for the railroad to monitor itself; that it is against the railroad’s interest to report violations under the Safety Appliances Act, and that, when issues of liability arise under the Safety Appliances Act, the railroad defends itself by accusing the injured worker of dishonesty or, alternatively, contributory negligence. Jones’ attorney thus reasoned that the jury is the only reliable source for determining whether Norfolk Southern vio[605]*605lated the Safety Appliances Act. He then concluded by asserting a systematic and logical argument relating to evidence of Jones’ damages. Jones’ attorney did not mention Norfolk Southern during the phase of his argument relating to Jones’ claim for general damages, i.e., past and future pain and suffering.

After deliberating three hours and returning with specific questions regarding the Safety Appliances Act, the jury specified that “[w]e are divided” as to Norfolk Southern’s liability under the Safety Appliances Act. The jury also specified that Norfolk Southern was “negligent under the Federal Employee Liability Act” and that Jones was not “contributory negligent.” The jury then segregated damages, awarding Jones $110,000 for past lost wages, $665,000 for future lost wages, $200,000 for past pain and suffering, and $600,000 for future pain and suffering.2

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Bluebook (online)
466 S.E.2d 260, 219 Ga. App. 602, 96 Fulton County D. Rep. 101, 1995 Ga. App. LEXIS 1104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norfolk-southern-railway-co-v-jones-gactapp-1995.