Sunnycalb v. CSX Transportation, Inc.

926 F. Supp. 2d 988, 2013 WL 646773, 2013 U.S. Dist. LEXIS 23975
CourtDistrict Court, S.D. Ohio
DecidedFebruary 21, 2013
DocketCase No. 1:10-cv-192-HJW
StatusPublished
Cited by12 cases

This text of 926 F. Supp. 2d 988 (Sunnycalb v. CSX Transportation, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sunnycalb v. CSX Transportation, Inc., 926 F. Supp. 2d 988, 2013 WL 646773, 2013 U.S. Dist. LEXIS 23975 (S.D. Ohio 2013).

Opinion

ORDER

HERMAN J. WEBER, Senior District Judge.

Pending is the defendant’s renewed “Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial” (doc. no. 108). Plaintiff opposes the motion. Having fully considered the record, including the trial evidence, the parties’ briefs, and applicable authority, the Court will deny the motion for the following reasons:

I. Background

Plaintiff, a locomotive engineer, filed his complaint in this action on March 26, 2010, asserting a claim under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. § 51, and the Locomotive Inspection Act (“LIA”), 49 U.S.C. § 20701 et seq. FELA is “a remedial and humanitarian statute ... enacted by Congress to afford relief to employees from injury incurred in the railway industry.” Hardyman v. Norfolk & Western Railway Co., 243 F.3d 255, 257 (6th Cir.2001) (quoting Mounts v. Grand Trunk W. R.R., 198 F.3d 578, 580 (6th Cir.2000)). “Congress intended FELA to be a departure from common law principles of liability as a ‘response to the special needs of railroad workers who are daily exposed to the risks inherent in railroad work and are helpless to provide adequately for their own safety.’ ” Id. (quoting Sinkler v. Missouri Pac. R.R. Co., 356 U.S. 326, 329, 78 S.Ct. 758, 2 L.Ed.2d 799 (1958)).

Plaintiff alleged that “[pjrior to departing with Locomotive 8160 ... [he] had reported that the locomotive was foul-smelling and [CSX] sent an employee aboard who sprayed the locomotive with some chemical which temporarily removed the smell” (doc. no. 1 at ¶ 11). Plaintiff subsequently used the chlorinated toilet, closed the lid, and “[a]s he flushed the toilet, due to cracked plumbing in the locomotive and a rotted floor in the locomotive, air blew up through the flooring and blew the water from the toilet into Plaintiffs eyes and mouth” (¶ 9). He further alleged that while en route to the next stop, the foul smell returned and got worse, and “[a]ir continued to blow up through the locomotive floor, sending a mist of the dirty water around the cab” (¶¶ 10-11). Although plaintiff attempted to reduce the mist by slowing the train, he suffered breathing problems and burning eyes, and was subsequently diagnosed with reactive airway dysfunction syndrome (“RADS”) and chemical conjunctivitis.1

Plaintiff brought suit against CSX, asserting that CSX had violated its duty to maintain the locomotive in a safe condition. Specifically, he alleged that CSX’s “failure to provide a locomotive with a properly working flushing system, proper plumbing and proper flooring” had allowed “toxic and dangerous fluids and materials from the toileVplumbing system to blow up [990]*990through the floor of the locomotive cab” (¶ 13(e)).

Given the locomotive’s condition and repair history, CSX appropriately stipulated that the leaking toilet system on Locomotive 8160 was a violation of the LIA. Such violation constituted proof of negligence as a matter of law, but in order for plaintiff to prevail on his FELA claim, he still had to prove that his injuries resulted “in whole or in part” from CSX’s negligence. 45 U.S.C. § 51. In light of the results of plaintiffs methacholine challenge test and the opinion of CSX’s own medical expert (Dr. James Lockey), CSX acknowledged that plaintiff has the condition “RADS.” The main issue remaining for trial was whether CSX’s negligence, i.e., the leaking toilet system and holes in the floor, which in turn, led to the “blast” of liquid and the “mist” blowing around the cabin, played “any part, even the slightest” in causing plaintiffs injuries, including his RADS.

Prior to trial, CSX challenged the admissibility of the opinions of plaintiffs treating pulmonologist Dr. Sunil Dama, M.D., and medical expert Dr. Barry Levy, M.D. In doing so, CSX late-identified an additional expert witness, toxicologist Dr. Laura Green, Ph.D. and sought to introduce her testimony at the Daubert hearing and at trial. Plaintiff objected. At the Daubert hearing on June 12, 2012, the Court allowed Dr. Green to testify, subject to the sanction that CSX pay the resulting reasonable and necessary expenses incurred by plaintiff (doc. no. 54, Order on 5/25/2012, 2012 WL 3619267). After the hearing, the Court found that the medical testimony and/or opinions of Drs. Dama and Levy were reliable and relevant and could be introduced at trial (doc. no. 71, Order on 8/13/12, 2012 WL 3308992). Over plaintiffs objection, the Court also allowed Dr. Green to testify at trial on the subject of general causation. As Dr. Green is not a physician and admittedly is not qualified to diagnose or treat a patient’s medical condition, she was not permitted to offer an opinion on specific causation of plaintiffs illness or otherwise speculate about his diagnosis (e.g., that he might have been getting the “flu”).2

On August 27, 2012, the jury trial commenced. Plaintiffs theory of the case was that his injuries were caused by his exposure to the chemicals contained in the blast of liquid and/or the “mist” in the cabin. Plaintiff introduced evidence that the locomotive’s toilet system utilized water-soluble “slugs” composed of the chlorine-containing compound “triehloroisocyanuric acid” (“TCCA”). The Material Safety Data Sheet (“MSDS”) specifically warned that the active chemicals in the slugs could cause the symptoms plaintiff had experienced, including lung impairment and eye irritation. The MSDS specifically indicated that “prolonged exposure” to the active chemicals “may cause damage to the respiratory system.” Plaintiff testified that while operating the locomotive, he had breathed the “mist” for approximately 30 minutes.

In addition to various fact witnesses and his own testimony, plaintiff introduced the testimony of Drs. Dama and Levy. Documents regarding the toilets’ history of problems and repairs, as well as a schematic of the layout of the toilet system and the MSDS, were also introduced into evidence. Although it is undisputed that the toilet was leaking, the toilet had been replaced and disposed of by CSX prior to the [991]*991lawsuit, and thus, was not available for inspection.

At the conclusion of plaintiffs case in chief, defendant (“CSX”) orally moved to dismiss the case and asked for judgment in its favor (doc. no. 106 at 6-7, Transcript on 9/5/2012). CSX argued that there was insufficient evidence of exposure to any harmful substance that led to plaintiffs injuries. The Court denied the motion, indicating that evidence of record reflected that the chlorinated toilet system was leaking and there was enough evidence in the record for the jury to have to decide whether the resulting liquid and/or mist from the leaking toilet contained chlorine or chlorine compounds that caused plaintiffs injuries {Id. at 8).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
926 F. Supp. 2d 988, 2013 WL 646773, 2013 U.S. Dist. LEXIS 23975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sunnycalb-v-csx-transportation-inc-ohsd-2013.