Ahlf v. Csx Transp., Inc.

• Decision Date: 14 September 2005
• Docket Number: No. 1:02CV1349LEKDRH.,1:02CV1349LEKDRH.
• Citation: 386 F.Supp.2d 83
• Parties: Christopher AHLF, Plaintiff, v. CSX TRANSPORTATION, INC., Defendant.
• Court: U.S. District Court — Northern District of New York

386 F.Supp.2d 83

Christopher AHLF, Plaintiff, v. CSX TRANSPORTATION, INC., Defendant.

No. 1:02CV1349LEKDRH.

United States District Court, N.D. New York.

September 14, 2005.

COPYRIGHT MATERIAL OMITTED

Steven L. Kantor, Williamsville, NY, for Plaintiff.

Scott A. Barbour, McNamee, Lochner Law Firm, Albany, NY, for Defendant.

MEMORANDUM-DECISION AND ORDER¹

KAHN, District Judge.

Plaintiff Christopher Ahlf ("Plaintiff" or "Ahlf") sued his employer, Defendant CSX Transportation, Inc. ("Defendant" or "CSX"), under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. ("FELA"), for injuries sustained during the course of his employment. Complaint (Dkt. No. 1). After a jury trial, Plaintiff received a verdict of $1,750,000 for past and future pain and suffering and $471,000 in past and future lost wages, reduced by five percent attributable to a pre-existing condition, for a total award of $2,109,950. Jury Verdict (Dkt. No. 38). Presently before the Court is Defendant's motion for a new trial pursuant to Rule 59 of the Federal Rules of Civil Procedure or, in the alternative, for a remittitur, on the basis that the verdict is excessive as a matter of law, the percentage of the injury attributable to a pre-existing condition was against the weight of the evidence, and that the Court's failure to charge the jury concerning Plaintiff's duty to mitigate his damages was in error. Motion (Dkt. No. 42). For the following reasons, the motion is denied.

I. BACKGROUND

Alhf began his employment with the Defendant in approximately March 1996. Trial transcript from February 8, 2005 ("Feb.8 Tr.")² at 136. On December 5, 1999, while working as an engineer for Defendant, Plaintiff was injured when the train on which he was working was struck by another train. Id. at 147-48. As a result, Plaintiff was taken to the emergency room, where he complained of shoulder and back pain. Id. at 150. After being seen by a private physician, he was referred to Dr. James Striker ("Dr.Striker") of the Capital Orthopedic Group. On March 31, 2000, Plaintiff was referred to Dr. Robert Cheney ("Dr.Cheney"), a board certified orthopedic surgeon. Id. at 151. Plaintiff complained of pain on the right side of his body, including his lower back, buttock, and radiating leg pain. Id. at 21. Dr. Cheney found that Plaintiff was suffering from a herniated disk and spinal stenosis. Id. at 15. Observing that the pain medication and physical therapy prescribed by Dr. Striker failed to provide Plaintiff with significant pain relief, Dr Cheney referred Plaintiff for epidural steroid injections, the first of which was mildly successful and the second of which was moderately ineffective. Id. at 24-27, 156. After a September 8, 2000 visit to Dr. Cheney, Plaintiff was instructed to wear an LSO brace, a hard plastic brace that restricts motion, which also provided Plaintiff with little relief. Id. at 28. As a result of the conservative treatment's failure to provide significant pain relief, on November 9, 2000, Dr. Cheney recommended that Plaintiff undergo a spinal fusion at the L4-L5 level in order to stabilize the spine. Id. at 31, 158. Plaintiff underwent a laminectomy and a spinal fusion on March 28, 2001. Id. at 36-38. Plaintiff spent four or five days in the hospital and was required to wear an LSO brace until June 28, 2001, a period of three months after undergoing surgery. Id. at 47-48. After his surgery, Plaintiff was required to have a seroma, a collection of fluid, drained on two occasions. Id. at 46-47.

Plaintiff resumed physical therapy and returned to work for Defendant on a light-duty basis in July 2001 with limited four hour shifts and limited lifting, bending and twisting. Id. at 54, 159. On September 7, 2001, Plaintiff indicated to Dr. Cheney that he was experiencing a fair amount of discomfort in his back. Id. at 55. By November 2001, Plaintiff had resumed full time work, although as a conductor instead of his prior work as an engineer. Id. at 161. In December 2001, Plaintiff again complained about a backache when he was up and standing for long periods of time. Id. at 58. In February 2002, Plaintiff was forced to stop working because of significant pain in his lower back. Id. at 60, 162.

Plaintiff then discussed other job possibilities with Dr. Cheney, Gary Baker, a representative of Defendant, and Scott Mitchell, Defendant's vocational rehabilitation manager. Id. at 164-65. In May 2002, Plaintiff submitted an application for a yardmaster position with Defendant, but was not selected for this position. Id. at 165-66. During the summer of 2002, with the support of Defendant, Plaintiff chose to return to the College of St. Rose to obtain his teaching certification. Id. at 166-67. Plaintiff completed his teaching certification and obtained employment at the Bethlehem High School beginning in February 2003. Id. In June 2004, Plaintiff's contract with the school was not renewed and Plaintiff continues to attempt to find a full-time teaching position. Id. at 168. Plaintiff currently works as a substitute teacher and is enrolled at the College of St. Rose in order to obtain a master's degree in educational psychology. Id. at 169.

Defendant conceded liability and a jury trial on the issue of damages was held beginning on February 7, 2005 before this Court. On February 10, 2005, a jury verdict was returned in favor of Ahlf awarding total damages in the amount of $2,221,000. The jury awarded $1,000,000 for past pain and suffering, $750,000 for future pain and suffering, $176,000 for past loss of earnings, $295,000 for future loss of earnings, and attributed five percent of those damages to Plaintiff's pre-existing condition, resulting in an award of $2,109,950. Verdict Form (Dkt. No. 38).

Defendant asserts three grounds for either a new trial or remittitur. First, Defendant contends that the jury's award of $1,750,000 for past and future pain and suffering is excessive as a matter of law and not rationally based on the evidence. Def. Memo. (Dkt. No. 42) at 2. Second, Defendant states that the jury's apportionment of five percent of the damages to Plaintiff's pre-existing condition is against the weight of the evidence. Id. at 7. Third, Defendant argues that the Court failed to instruct the jury on Plaintiff's duty to mitigate his damages. Id. at 9. Defendant also moves for a stay of execution to enforce the judgment pending disposition of this motion pursuant to Federal Rule of Civil Procedure 62(b).³ Id. at 10.

II. DISCUSSION

Federal Rule of Civil Procedure 59(a) provides that "[a] new trial may be granted to all or any of the parties and on all or part of the issues ... in an action in which there has been a trial by jury, for any reasons for which new trials have heretofore been granted in actions at law in the courts of the United States." FED. R. CIV. P. 59(a). A new trial may be granted pursuant to Rule 59, when "the jury has reached a seriously erroneous result or ... the verdict is a miscarriage of justice." Song v. Ives Labs., Inc., 957 F.2d 1041, 1047 (2d Cir.1992) (quoting Smith v. Lightning Bolt Prods., Inc., 861 F.2d 363, 370 (2d Cir.1988)); see also Bean v. CSX Transp., 289 F.Supp.2d 277, 280 (N.D.N.Y. 2003) (Homer, M.J.).

A. Excessiveness of the Verdict

Defendant contends that the jury's damage award for past and future pain and suffering is excessive as a matter of law and Defendant is therefore entitled to a new trial or remittitur of these damages. Def. Memo. (Dkt. No. 42) at 2.

"If a district court finds that a verdict is excessive, it may order a new trial, a new trial limited to damages, or, under the practice of remittitur, may condition a denial of a motion for a new trial on the plaintiff's accepting damages in a reduced amount." Casey v. Long Island R.R. Co., 2004 WL 1609330, at *4, 2004 U.S. Dist. LEXIS 13425, at *10 (S.D.N.Y. July 16, 2004) (citing Tingley Sys., Inc. v. Norse Sys., Inc., 49 F.3d 93, 96 (2d Cir. 1995)). "Remittitur is `the process by which a court compels a plaintiff to choose between reduction of an excessive verdict and a new trial.'" Bean, 289 F.Supp.2d at 283 (quoting Earl v. Bouchard Transp. Co., 917 F.2d 1320, 1328 (2d Cir.1990)). The standard for a new trial and remittitur are the same. See Slade v. Whitco Corp., 811 F.Supp. 71, 76-77 (N.D.N.Y.1993) (Hurd, J.).

"A jury verdict is not, certainly, something lightly to be set aside." Nairn v. Nat'l R.R. Passenger Corp., 837 F.2d 565, 566 (2d Cir.1988). "A verdict is so high as to be excessive ... only if it surpasses an upper limit, and whether that has been surpassed is not a question of fact with respect to which reasonable persons may differ, but a question of law." Mazyck v. Long Island R.R. Co., 896 F.Supp. 1330, 1336 (E.D.N.Y.1995) (quoting Dagnello v. Long Island R.R., 289 F.2d 797, 806 (2d Cir.1961)) (internal quotations omitted). "The upper limit is surpassed when the verdict `shocks the judicial conscience,' and therefore exceeds what a reasonable jury could have returned for the plaintiff if it followed the Court's instructions." Id. at 1336-37 (citing Scala v. Moore McCormack Lines, Inc., 985 F.2d 680, 683 (2d Cir.1993)); see also Nairn, 837 F.2d at 566 ("[W]e may order a new trial only when the verdict is irrational or so high as to shock the judicial conscience ...") (quoting Batchkowsky v. Penn. Cent. Co., 525 F.2d 1121, 1124 (2d Cir.1975)). Because there is no precise way in which to calculate damages for pain and suffering, the jury's award should not be disturbed unless "the quantum of damages found by a jury is clearly outside the maximum limit of a reasonable range." Paper Corp. v. Schoeller Technical Papers, Inc., 807 F.Supp. 337, 350 (S.D.N.Y.1992).

The analysis of a jury award is necessarily informed by the particular facts of each case. See Scala, 985 F.2d at 684. "Viewing the evidence pertaining to pain and suffering in the light most favorable to the plaintiff", Mazyck, 896 F.Supp. at 1336 (citing Batchkowsky, ...