Anne Payne v. CSX Transportation, Inc.

Summary

The Tennessee Supreme Court addressed a Federal Employers’ Liability Act claim brought by Anne Payne after the death of her husband, a railroad employee who alleged that workplace exposure to asbestos, diesel exhaust, and radioactive materials contributed to his lung cancer. The court held that the plaintiff’s expert proof was properly admitted, but that the trial court erred in granting a new trial and in assessing damages. It affirmed the Court of Appeals as modified and remanded for a new trial limited to damages.

Holdings

1. The plaintiff's expert proof concerning exposure levels and whether workplace exposure to asbestos, diesel exhaust, and radioactive materials contributed to Payne's lung cancer was properly admissible; the substitute judge erred by excluding it and granting summary judgment to CSX.
2. When a railroad's violation of a safety statute or regulation contributes to the employee's injury, FELA does not permit the employee's contributory negligence to reduce the damages award.
3. The trial judge erred by giving supplemental instructions after the jury returned its original verdict and by inviting the jury to reconsider and reduce its damages award.
4. The appropriate remedy was a new trial limited to the amount of damages, not a new trial on liability and not a remand requiring the trial court to choose between the two prior awards.

Questions Presented

1. Whether the trial court properly granted a new trial based on alleged evidentiary and instructional errors.
2. Whether the plaintiff's lay and expert evidence concerning asbestos, diesel exhaust, radioactive materials, and causation was admissible.
3. Whether the trial court improperly instructed the jury after it returned its original verdict and allowed the jury to amend the award based on contributory negligence.
4. Whether the Court of Appeals could remand for the trial court to select between the original $8.6 million verdict and the amended $3.2 million verdict.
5. Whether the proper remedy was a new trial limited to damages or a new trial on all issues.

Disposition

remanded