Paul Leonard Jones, Jr. v. Consolidated Rail Corporation, A.K.A. Conrail

800 F.2d 590, 1986 U.S. App. LEXIS 29296
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 4, 1986
Docket84-3503
StatusPublished
Cited by68 cases

This text of 800 F.2d 590 (Paul Leonard Jones, Jr. v. Consolidated Rail Corporation, A.K.A. Conrail) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paul Leonard Jones, Jr. v. Consolidated Rail Corporation, A.K.A. Conrail, 800 F.2d 590, 1986 U.S. App. LEXIS 29296 (6th Cir. 1986).

Opinions

NATHANIEL R. JONES, Circuit Judge.

This action was brought by Paul Leonard Jones against Consolidated Rail Corporation (Conrail) under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq. (1982). Jones appeals the judgment entered on a jury verdict in his favor, arguing that the district court erred in instructing the jury on mitigation of damages and contributory negligence, that the award of damages was inadequate and against the weight of the evidence, and that the district court erred in denying him a directed verdict on the issue of contributory negligence. Because we find reversible error in the jury instructions, we reverse.

On July 1, 1980, Paul Leonard Jones was employed by Conrail in its maintenance department as a “trackman,” a position that involves heavy labor in repairing train tracks. After being transported from one job site to another, Jones allegedly injured his back seriously when he slipped and fell as he exited the company’s bus. Although his treating physician wrote in 1982 that Jones could return to his former employment, the company physician determined that Jones should not return to the heavy [592]*592labor of a trackman, and the company did not reemploy him in that position. Jones has not worked since that time. He brought suit against Conrail, alleging that his disabling back injury was caused by the negligence of a Conrail supervisor who allowed some rail anchors — pieces of metal about five or six inches long — to be placed on the bus steps for transportation to the next repair site.

At trial, Jones presented evidence that the supervisor directed that the anchors be placed on the landing and steps of the bus, that there was no handrail at the exit, and that the side door was blocked by a cart. He argued that the supervisor knew or should have known of the dangers of such circumstances and that the equipment on the steps caused Jones to slip and fall through no fault of his own.

Conrail presented evidence that there was no room for the anchors in the usual box for equipment, that the employees were all aware that the anchors were being transported on the bus steps, that the cart in front of the other door was easily moved, that there was sufficient room to walk around the anchors, that there was a handrail and Jones failed to use it, that Jones was carrying a ballast fork as he exited, and that he was watching the steps as he descended and thus presumably should have seen and avoided the equipment.

In regard to damages, Jones alleged that he was completely unable to work at any type of employment. He presented the opinion of his surgeon, who testified that the accident caused Jones’ back injury and that surgery was required and performed. The physician testified that Jones was disabled from performing heavy labor, and that, considering Jones’ extremely low I.Q., he could not perform any other kind of work. The physician explained that when he had written to Conrail that Jones could return to work, he had meant a trial period to determine if Jones could handle the work.

In rebuttal, Conrail elicited testimony regarding the hospital records from the initial hospital treatment and some subsequent treatments, which indicated that there was no serious injury to Jones’ back. Conrail questioned the surgeon about his notes, which stated that the state disability bureau had repeatedly asked Jones to appear for an evaluation of skills and rehabilitation, and that the surgeon had strongly urged Jones to attend, but that Jones had refused because he did “not want to be bothered.” The company’s physician who had recommended that Jones not resume heavy labor on the tracks also testified. He stated his belief that, while Jones could not perform heavy labor, he could do lighter or more sedentary work such as driving a bus or being a janitor. Jones testified that he had not applied anywhere for a job. The jury returned a general verdict of $168,736 in favor of Jones.

On appeal Jones contends that the district court erred in its instructions to the jury on mitigation of damages. We review jury instructions as a whole to determine whether they adequately inform the jury of the relevant considerations and provide a basis in law for aiding the jury in reaching its decision. Blackwell v. Sun Electric Corp., 696 F.2d 1176, 1181 (6th Cir.1983). A judgment on a jury verdict may be vacated when the instructions, viewed as a whole, were confusing, misleading, and prejudicial. DSG Corp. v. Anderson, 754 F.2d 678, 679 (6th Cir.1985). It is not error to refuse to give a requested instruction that correctly states the law, as long as the instructions actually given fairly and adequately cover the material issues. Carruba v. Transit Casualty Co., 443 F.2d 260, 264 (6th Cir.1971). It is error, however, to instruct the jury on an issue when there has been insufficient evidence presented to support a jury finding on that issue. Dixon v. Penn Central Co., 481 F.2d 833, 837 (6th Cir.1973); see also Bucyrus-Erie Co. v. General Products Corp., 643 F.2d 413, 420 (6th Cir.1981).

The court’s charge on the issue of mitigation of damages caused by loss of past earnings was as follows:

[593]*593With respect to the loss of earnings in the past, you are instructed that if plaintiff could have worked in the past but did not, you must not award him damages for loss of whatever earnings for the period of time during which he might have worked. The issue in this respect is not whether plaintiff did work but whether or not he could have worked during all or any part of the time in question.

The instruction concerning mitigation of damages from diminished capacity to work in the future was as follows:

Impairment of earning capacity is to be distinguished from loss of wages and earnings. Impairment in earning capacity means the diminished ability by reason of physical incapacity or impairment of a person to obtain work or earn money which said person would otherwise be able to [d]o but for the physical incapacities or impairments resulting from the injuries.
An injured party is under a legal obligation to mitigate his damages, that is, to minimize the economic loss resulting from his injury, by resuming gainful employment as soon as such can be reasonably done, if such is available. If he does not resume available employment even though he is physically able to do so, such person may not recover damages for earnings lost after the date on which he was or reasonably could have been able to return to some form of gainful employment to the extent that such damages could have been mitigated.

Jones complains that these instructions failed to place the burden on the defendant to prove the plaintiff’s failure to mitigate his damages.

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Bluebook (online)
800 F.2d 590, 1986 U.S. App. LEXIS 29296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-leonard-jones-jr-v-consolidated-rail-corporation-aka-conrail-ca6-1986.