Kennedy v. Ill. Cent. R.R. Co.
| Docket Number: | 2008-CA-01831-SCT Linked Case(s): 2008-CA-01831-SCT ; 2008-CA-01831-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 01-07-2010 Opinion Author: Carlson, P.J. Holding: Reversed and remanded |
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| Additional Case Information: |
Topic: Personal injury - Federal Employers’ Liability Act - Causation - Section 11-1-60(1)(a) - Noneconomic damages Judge(s) Concurring: Waller, C.J., Graves, P.J., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. Non Participating Judge(s): Randolph, J. Procedural History: Jury Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 10-15-2008 Appealed from: PIKE COUNTY CIRCUIT COURT Judge: Michael M. Taylor Disposition: The Pike County Circuit Court directed a verdict on the issue of damages in favor of Illinois Central Railroad Company, and thereafter entered a final judgment. Case Number: 06-274-PCT |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ROBERT W. KENNEDY |
JOHN TIMOTHY GIVENS, TIMOTHY W. PORTER, PATRICK C. MALOUF, WILLIAM S. GUY, C. E. SOREY, II, WAYNE DOWDY |
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| Appellee: | ILLINOIS CENTRAL RAILROAD COMPANY | LONNIE D. BAILEY, GLENN F. BECKHAM | ||
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| Topic: | Personal injury - Federal Employers’ Liability Act - Causation - Section 11-1-60(1)(a) - Noneconomic damages |
| Summary of the Facts: | Robert Kennedy filed an action against Illinois Central Railroad Company pursuant to the Federal Employers’ Liability Act for damages he incurred as a result of alleged exposure to asbestos. After the defense rested its case-in-chief during the course of the trial, the court directed a verdict on the issue of damages in favor of Illinois Central Railroad Company, and thereafter entered a final judgment. Kennedy appeals. |
| Summary of Opinion Analysis: | To prevail under the Act, a plaintiff must prove that the defendant is a common carrier by railroad engaged in interstate commerce; he was employed by the defendant with duties advancing such commerce; his injuries were sustained while he was so employed; and his injuries resulted from the defendant's negligence. Under the statute, the plaintiff’s burden of proving causation is significantly relaxed compared to the burden in an ordinary negligence action. The question is whether negligence of the employer played any part, however small, in the injury or death which is the subject of the suit. When there is proof, even though entirely circumstantial, from which a jury may with reason make this inference of employer negligence, the burden of the employee is met, and the obligation of the employer to pay damages arises. Unless the evidence is so speculative that no reasonable juror could find more than nominal damages, the trial court may not direct a verdict against the plaintiff. Further, the amount of damages to be awarded to an injured litigant is primarily a question of fact for the jury. Here, the testimony of a pulmonologist, a Ph.D. researcher in the area of asbestos-related lung disease, and Kennedy presented issues for jury determination. The record provides evidence from which a reasonable juror could find noneconomic damages pursuant to section 11-1-60(1)(a). The testimony certainly created a question of fact for the jury with respect to pain, suffering, inconvenience, physical impairment, disfigurement, and loss of the enjoyment of life. It was undisputed that Kennedy also suffered from emphysema. Further, under FELA, an employer is liable for damages for injury or death at work due in whole or in part to the employer’s negligence. |
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