Tynes v. Alabama Great Southern Railroad

550 So. 2d 427, 1989 Ala. Civ. App. LEXIS 235, 1989 WL 76706
CourtCourt of Civil Appeals of Alabama
DecidedJuly 13, 1989
DocketCiv. 6801
StatusPublished
Cited by2 cases

This text of 550 So. 2d 427 (Tynes v. Alabama Great Southern Railroad) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tynes v. Alabama Great Southern Railroad, 550 So. 2d 427, 1989 Ala. Civ. App. LEXIS 235, 1989 WL 76706 (Ala. Ct. App. 1989).

Opinion

ROBERTSON, Judge.

This action is brought under the Federal Employers’ Liability Act (FELA), Title 45 U.S.C. §§ 51-60 (1982).

Tynes sued his employer, Alabama Great Southern Railroad Co. (AGS), claiming several negligent acts or omissions on the part of AGS which resulted in injuries to him. AGS filed a general denial and alternatively averred that Tynes was guilty of contributory negligence. The jury returned a general verdict in the amount of $4412. After a motion for new trial was denied, Tynes appeals.

The dispositive issue on appeal is whether the trial court erred in denying the motion for new trial on the grounds of (1) the inadequacy of damages, and (2) the admission into evidence of testimony on matters collateral to the issues being tried.

AGS is an Alabama corporation that controls and operates railroad tracks and facilities doing business in transportation and commerce. Tynes (appellant) began his employment with AGS in July 1976. He has completed various training programs offered to AGS employees, and on the date of the alleged injury appellant was working as a switchman. Appellant’s duties with AGS included alighting and dismounting from freight train cars going approximately two to four miles per hour.

On the night of Thursday, March 7,1985, appellant claims, he stepped on the edge of a protruding switch tie while dismounting a car. He claims to have twisted his left ankle and right knee causing him to fall backwards to the ground. No one witnessed exactly what happened although an engineer testified that he saw appellant go down and his lantern go away from him. Two other crew members helped appellant up and observed appellant’s ankle as “swelling and puffy.”

Appellant presented testimony that the work area was dimly lit on that particular night which limited visibility. He claims that prior to dismounting the car, he scanned the area with his railroad lantern and saw no obstruction to a safe dismount. He alleges that AGS negligently maintained the work area in a manner that increased the likelihood of him tripping and falling.

Appellant claims pain to the left ankle and right knee immediately on falling but that the left ankle was more severe. He continued to work the shift and later wrote an accident report referring only to the ankle injury. He testified that he worked in pain the following day and was off for the weekend, and that the ankle and knee were still hurting him when he returned to work on Monday. On the Monday night shift, he says his right knee “locked up” on him, and he wrote another accident report [429]*429relating the “locking up” incident to the fall four days earlier.

Appellant went to the doctor the next day, Tuesday, March 12, 1985, complaining of pain in both the ankle and knee and was prescribed anti-inflammatory and pain medication. He continued under medical supervision for the injured knee until August, when he underwent knee surgery, and returned to work in October. He continues to work regularly.

Appellant presented medical testimony that the knee injury was due to the March 7, 1985, accident and that as a result, he suffers permanent partial disability. Medical testimony indicated that appellant will unquestionably suffer degenerative changes in the injured knee that may require him to eventually take a more sedentary line of work.

Appellant argues on appeal that the trial court committed reversible error in not granting his motion for a new trial on the grounds of inadequacy of damages and the admission into evidence of testimony on matters collateral to the issues being tried.

We note here that, in reviewing an appeal from a denial of a motion for new trial, our standard is limited to whether the evidence, when viewed in a light most favorable to the non-moving party, supports “the theory of the complaint and whether the judgment entered, based on the weight and sufficiency of the evidence presented, is palpably wrong or manifestly unjust.” State Farm Insurance Co. v. Whiddon, 515 So.2d 1266, 1268 (Ala.Civ.App.1987).

Further, in cases such as this, where the jury verdict is followed by the trial court’s refusal to grant a new trial, there is a strong presumption of its correctness. American Furniture Galleries v. McWane, Inc., 477 So.2d 369 (Ala.1985).

As to appellant’s first argument concerning the inadequacy of damages, appellant argues that the jury award fails to give “substantial compensation” for unquestioned substantial injuries and damages. He cites our recent decision in Thornton v. Hale, 504 So.2d 314 (Ala.Civ.App.1987), to support his position. In that case the jury award was less than the amount of damages proven by uncontroverted evidence. Additionally, the jury verdict in Thornton failed to provide any compensation for pain, suffering, or a permanent injury. We distinguish Thornton from the instant case in that the evidence in Thornton was undisputed. In the present case the evidence was clearly disputed, controverted, and in conflict throughout many days of a jury proceeding. Both sides vigorously presented their case to the jury.

The jury is free to discard or disbelieve whatever facts are inconsistent with its conclusions in FELA cases. Dennis v. Denver & Rio Grande Western R.R., 375 U.S. 208, 84 S.Ct. 291, 11 L.Ed.2d 256 (1963).

In complying with Hammond v. City of Gadsden, 493 So.2d 1374 (Ala.1986), the trial court entered a supplemental order stating that the jury verdict was not flawed. The trial judge is in a better position to determine whether the jury verdict is flawed. Hammond, supra. The order denying the motion for new trial stated:

“There is no question that the jury could have returned a substantial verdict under the evidence in this case_ Ob-
viously, the jury did not accept the plaintiff’s position. Was there evidence, substantial evidence, for the jury to return a relatively small verdict and conscientiously do so? ... ‘Yes’-
“[T]his was a typical case of genuine dispute which the jury system is designed to resolve....
"... The parties got a fair and impartial trial. The jury rendered the verdict without bias, prejudice, or other improper motive. That is the way the system is designed to work and a trial court should rarely intervene where such circumstances exist.... This verdict is not so flEjwpd.”

The jury verdict is presumed to be correct and will not be set aside due to inadequate damages unless the amount is so inadequate that it is apparent the verdict is the result of passion, prejudice, or improper motive. Lartigue v. Fleming, 489 So.2d [430]*430583 (Ala.Civ.App.1986). Further, the assessment of damages lies within the discretion of the jury in the first instance, and in the discretion of the trial court on a motion for new trial. Lartigue, swpra.

Our review of the record reveals that appellant’s counsel ably and forcefully presented evidence that could support a substantial verdict, just as counsel for AGS presented evidence equally substantial to support a completely contrary verdict.

FELA, 45 U.S.C. § 53,

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Bluebook (online)
550 So. 2d 427, 1989 Ala. Civ. App. LEXIS 235, 1989 WL 76706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tynes-v-alabama-great-southern-railroad-alacivapp-1989.