Thornton v. National RR Passenger Corp.

802 So. 2d 816, 2001 WL 1450738
CourtLouisiana Court of Appeal
DecidedNovember 14, 2001
Docket2000-CA-2604
StatusPublished
Cited by7 cases

This text of 802 So. 2d 816 (Thornton v. National RR Passenger Corp.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thornton v. National RR Passenger Corp., 802 So. 2d 816, 2001 WL 1450738 (La. Ct. App. 2001).

Opinion

802 So.2d 816 (2001)

Milton THORNTON, Sr.
v.
NATIONAL RAILROAD PASSENGER CORPORATION.

No. 2000-CA-2604.

Court of Appeal of Louisiana, Fourth Circuit.

November 14, 2001.

*817 Marc D. Winsberg, Cindy T. Matherne, Schonekas, Winsberg, Evans & McGoey, L.L.C., New Orleans, LA, and John C. Hall, Hall & Hall, L.L.C., Birmingham, AL, Counsel for Plaintiff/Appellee.

David S. Kelly, Robert S. Emmett, Nicole Duarte Martin, Lemle & Kelleher, L.L.P., New Orleans, LA, Counsel for Defendant/Appellant.

Court composed of Judge STEVEN R. PLOTKIN, Judge DENNIS R. BAGNERIS, Sr., Judge MICHAEL E. KIRBY.

PLOTKIN, Judge.

Defendant National Railroad Passenger Corp. ("Amtrak") appeals a trial court judgment in favor of plaintiff Milton Thornton, Sr., an Amtrak employee injured as a result of his work activities, in this case brought under the Federal Employers Liability Act ("FELA"). For the *818 reasons explained below, we affirm the trial court judgment.

FACTS

Mr. Thornton was employed as a carman by Amtrak on May 21, 1997, the date of the injury at issue. At the time of the injury, Mr. Thornton was working to replace bolster springs on an Amtrak Superliner Coach. While performing this task, the wood blocking used to support the Superliner gave way, pinning Mr. Thornton's hands between "pinch points" for a period of approximately five minutes. The resulting injuries included lacerations on the left and right hands, as well as fractures of the right small finger, and to both the left ring and small finger. The injuries on his left hand required amputation of his small finger and a pin fixation of his ring finger.

To replace bolster springs on the railcars, the cars must be supported in such a way as to make it possible to compress the springs and expose the bolts securing the springs in place. It was common practice at the Amtrak facility in New Orleans for a car to be supported by wood blocking to compress these springs and expose the bolts, allowing them to be removed by the carmen. In the instant case, Mr. Thornton unscrewed the nuts and bolts by hand, placing his hands between "pinch points," a position in which they could be pinned by the machinery.

Dr. Stokes, the hand specialist who treated Mr. Thornton from the time of injury through September of 1998, assigned Mr. Thornton impairment ratios of nine percent of his right hand and eleven percent of his left hand as a result of the injuries sustained by him on May 21, 1997. Dr. Stokes stated that this would translate to a sixteen percent whole body impairment.

Mr. Thornton filed suit against Amtrak under FELA. Following the trial in the matter, the jury returned a verdict finding Amtrak 90 percent at fault, Mr. Thornton one percent at fault, and "any other person" nine percent at fault. The jury awarded Mr. Thornton $731,429 in special damages for loss of earning capacity and benefits, and $1.5 million in general damages. The court signed a judgment on the verdict and denied Amtrak's Motion for Judgment Notwithstanding the Verdict, or alternatively, Motion for Remittitur/New Trial.

Amtrak appeals the trial court decision, assigning three errors: (1) that the trial court erred in admitting into evidence documents which indicate subsequent remedial measures; (2) that the evidence does not support the jury's award for lost wages and loss of future earning capacity based on total and permanent disability; and (3) that the jury's general damage award is clearly excessive and should be reduced.

ADMISSION OF AMTRAK DOCUMENTS

First, Amtrak claims that the trial court improperly admitted documents generated after Mr. Thornton's accident and injury, which it claims contain evidence of subsequent remedial measures to be taken by Amtrak as a result of the accident. First, Amtrak complains of the trial court's decision to admit Exhibit P-2, an Amtrak Investigation Committee Report dated May 21, 1997, the date of Mr. Thornton's accident. This report included a section labeled "Committee Recommendations," recommending that Amtrak "construct a piece of equipment that will be used in place of blocking to support spring plank and procure or manufacture socket to remove swing hanger nuts." Second, Amtrak complains of the trial court's decision to admit Exhibit P-9, an Amtrak "Accident *819 Prevention" Safety Alert also dated May 21, 1997. Exhibit P-9 contained a section labeled "Preventive Measures" recommending that Amtrak "design a jig to be used in place of blocking and a tool to remove the hanger bolts."

Amtrak claims that Mr. Thornton's sole purpose for introducing the two exhibits was to prove that his accident and injury were caused by Amtrak's negligence. Amtrak claims that the two Amtrak documents are inadmissible for that purpose under the provisions of La. C.E. art. 407, which states as follows:

In a civil case, when, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This Article does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, authority, knowledge, control, or feasibility of precautionary measures, or for attacking credibility.

Amtrak also cites La. C.E. art. 103(A), which provides, in pertinent part, as follows:

Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected.

Amtrak claims that the admission of the two documents, and testimony relating to them, was prejudicial to Amtrak because it affected a "substantial right" of Amtrak, and that the prejudice created by the admission of the documents had a substantial effect on the outcome of the case. The proper inquiry for determining whether a party was prejudiced by a trial court's alleged erroneous ruling is whether the alleged error, when compared to the entire record, had a "substantial effect" on the outcome of the case. Roger v. Dufrene, 97-1946, 718 So.2d 592, 596 (La.App. 4th Cir.9/9/98). Amtrak argues that the admission of the documents had a substantial effect on the outcome of the case because the documents, and testimony relating to the documents, comprised a major portion of Mr. Thornton's trial presentation. The evidence of these documents was used in questioning of four out of five Amtrak employees called as witnesses. Amtrak contends that this evidence was directed at proving one of Mr. Thornton's two main contentions-i.e., that Amtrak failed to provide adequate tools for the job of changing bolster springs at its New Orleans facility.

As indicated by the above discussion, determination of whether the trial court properly admitted the two documents at issue-Exhibits P 2 and P 9-involves a two-step inquiry. First, this court must determine whether admission of the documents violated the provisions of La. C.E. art. 407. If this court determines that the admission of the documents did violate La. C.E. art. 407, we must then determine whether the admission affected one of Amtrak's substantial rights for purposes of La. C.E. art. 103.

Mr. Thornton contends that the two exhibits at issue were properly admitted under the provisions of La. C.E. art. 407 for two reasons. First, he claims that the information contained in the documents does not qualify as subsequent remedial measures. Alternatively, Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
802 So. 2d 816, 2001 WL 1450738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornton-v-national-rr-passenger-corp-lactapp-2001.