Alabama Great Southern R. Co. v. Jackson

Decision Date06 September 1991
Citation587 So.2d 959
PartiesThe ALABAMA GREAT SOUTHERN RAILROAD COMPANY v. Henry L. JACKSON. 1900284.
CourtAlabama Supreme Court

Vernon L. Wells II and James E. Ferguson III of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for appellant.

Frank O. Burge, Jr. and Courtney B. Adams of Burge & Wettermark, P.C., Birmingham, for appellee.

HORNSBY, Chief Justice.

The Alabama Great Southern Railroad Company ("AGS") appeals from a judgment rendered on a jury verdict in favor of Henry L. Jackson in an action under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51 et seq. Jackson sued AGS, alleging negligent infliction of emotional distress and claiming that AGS was negligent in conducting an unannounced "rules check" on the railroad line. The jury agreed with Jackson and awarded him $30,000 in compensatory damages.

AGS raises three issues on appeal; it challenges the trial court's denial of its motions for 1) a directed verdict; 2) a judgment notwithstanding the verdict; and 3) a new trial.

The undisputed facts are as follows: On the night of April 16, 1986, Jackson was the conductor on train number 179 traveling from Chattanooga, Tennessee, to Birmingham, Alabama. Jackson was positioned on the second engine unit, with four other crew's members appropriately positioned throughout the train. As conductor, Jackson was responsible for his crew's performing their duties within the established safety and operating rules of the railroad line. Unknown to Jackson, two supervisory employees of AGS, a Mr. Walton and a Mr. Sutton, had secretly boarded the train in Wauhatchie Tennessee, around 1:00 a.m. or 2:00 a.m. eastern standard time for the purpose of evaluating the crew's performance. 1 Walton and Sutton had climbed aboard the second locomotive because they believed no one was aboard that locomotive. However, upon boarding the locomotive, they discovered evidence of Jackson's presence, e.g., Jackson's bag or "grip," along with his clip board identifying the crew members. Walton and Sutton immediately began searching for ways to conceal their presence on the train, such as attempting to leave the train or to ride on the outside walkway of the second locomotive. They then observed Jackson approaching from the lead locomotive unit and quickly decided to hide in the small bathroom located in the "nose" of the locomotive. With the door closed, the bathroom was "very small and cramped for two men." Upon returning to the second locomotive, Jackson attempted to open the bathroom door, but it appeared to be jammed (Sutton was holding the door shut from inside the bathroom). Jackson resumed his duties of operating the train.

As the train continued moving southward, Walton and Sutton periodically opened the bathroom door to observe and evaluate Jackson as he performed his duties. Jackson occasionally heard noises coming from the bathroom area, but dismissed them as noise coming from a refrigerator located next to the bathroom. After a "substantial period of time" in the bathroom, Sutton's legs became cramped and the two men decided to leave the bathroom. To alert Jackson of their presence, they opened the bathroom door and "dropped a metal packing hook on the floor." When Jackson heard the noise, he looked toward the bathroom and saw that the door was now open. He approached the open door with his lantern, looked inside the bathroom, and saw two "figures from the chest down." He began hollering "Who is that?" and "Come out." When there was no response, Jackson again called out "Who is that?" and "Come out," whereupon Walton responded with "It's me, H.L. It's me, Walton." Walton said Jackson was visibly shaken by the incident, and Walton inquired whether Jackson was all right. The three men engaged in casual conversation for a few moments; then Walton and Sutton proceeded toward the lead locomotive for an inspection. In the lead locomotive, the two men found the brakeman sleeping, in violation of the railroad's operating rules. Later, Jackson was called to the lead locomotive, where a discussion took place concerning the violation. Soon thereafter, Walton and Sutton disembarked from the train during a stop in Attalla, Alabama. Jackson and his crew continued their run to Birmingham.

When Jackson's shift ended that morning, he began to experience chest pains and a severe headache, which continued for several days. After nonprescription drugs failed to relieve his discomfort, Jackson visited a physician, Dr. Zeremba. After an examination, Dr. Zeremba placed Jackson in a hospital for a series of tests, which consisted of X-rays, an electrocardiogram (EKG), an upper gastrointestinal (G.I.) series of tests, a computerized axial tomography (CAT) scan, and a treadmill test. Dr. Zeremba placed Jackson on prescribed medication for his chest pains and headaches. Jackson's headaches persisted for approximately six months before they finally ceased. Dr. Zeremba made no conclusive findings as to the cause of Jackson's condition, but stated that the symptoms were consistent with stress; he did not indicate that Jackson was, in fact, suffering from stress or, more importantly, stress resulting from the incident of April 16, 1986. Moreover, the record contains no medical evidence of any physical injury suffered by Jackson.

On August 27, 1986, Jackson sued AGS, alleging negligent infliction of emotional distress and seeking $500,000 in damages. After a lengthy discovery process, a trial ensued in June 1990. At the close of Jackson's case, AGS unsuccessfully moved for a directed verdict. AGS renewed its motion at the conclusion of all the evidence, but the court again denied the motion. After the jury returned its $30,000 verdict in favor of Jackson, AGS motioned for a JNOV or, in the alternative, for a new trial. On October 3, 1990, AGS's two motions were denied by virtue of Rule 59.1, A.R.Civ.P. On appeal, AGS challenges the verdict as well as the trial court's denial of its motions for directed verdict, JNOV, and new trial.

AGS contends that the trial court erred in denying its motion for a directed verdict because, it argues, the FELA does not provide for a cause of action for a "purely emotional injury" unless there is evidence of "unconscionable abuse" or evidence that the plaintiff suffered a "severe emotional injury." AGS bases its argument on Atchison, Topeka & Santa Fe Ry. v. Buell, 480 U.S. 557, 107 S.Ct. 1410, 94 L.Ed.2d 563 (1987).

We note that our review of the denial of a directed verdict and JNOV in this FELA case is governed by the substantial evidence rule applicable in our state courts. As a general matter, FELA cases adjudicated in a state court are subject to the state's procedural rules. However, the substantive law governing such cases is federal. St. Louis Southwestern Ry. v. Dickerson, 470 U.S. 409, 105 S.Ct. 1347, 84 L.Ed.2d 303 (1985). See, also, Burlington Northern R.R. v. Warren, 574 So.2d 758 (Ala.1990), and cases cited therein. Thus, the standard for reviewing the denial of a motion for a directed verdict is whether the party with the burden of proof, in this case Jackson, has produced substantial evidence of the elements of his cause of action to require a jury's determination. Macon County Commission v. Sanders, 555 So.2d 1054 (Ala.1990); see Ala.Code 1975, § 12-21-12. With this standard in mind, we address the merits of AGS's claims.

AGS claims that the case should not have been submitted to a jury because 1) it says there was no evidence that AGS's conduct constituted "unconscionable abuse" or that Jackson sustained a "severe emotional injury," as AGS says is required by the FELA; 2) there was no conclusive expert medical testimony establishing that Jackson's physical symptoms resulted directly from the conduct of AGS's employees; and 3) there was no evidence, AGS claims, that Jackson's reaction to Walton and Sutton in the locomotive restroom was foreseeable to AGS.

The core of AGS's argument rests on the authority of Atchison, Topeka & Santa Fe Ry. v. Buell, supra. That case, relied on so heavily by AGS, does not necessarily stand for the proposition that AGS claims it does. The Buell Court stated:

"[A]lthough we do not decide today whether purely emotional injuries are cognizable under the FELA, we stress that it is the FELA that controls that injury, not the [Railway Labor Act]."

480 U.S. at 567, 107 S.Ct. at 1416. The Court went further to state:

"The question whether 'emotional injury' is cognizable under the FELA is not necessarily an abstract point of law or a pure question of statutory construction that might be answerable without exacting scrutiny of the facts of the case. ... In short, the question whether one can recover for emotional injury may not be susceptible to an all-inclusive 'yes' or 'no' answer. As in other areas of law, broad pronouncements in this area may have to bow to the precise application of developing legal principles to the particular facts at hand."

480 U.S. at 568-70, 107 S.Ct. at 1417-18. The Buell Court simply did not address the question that AGS specifically contends it did. The terminology used by AGS can be found in a footnote in which the Buell Court simply commented on the unreasonableness of an argument contained in an amici curiae brief. 480 U.S. at 566-67, n. 18, 107 S.Ct. at 1416 n. 18.

The FELA was originally enacted by Congress in 1906 in order to "create[ ] a tort remedy for railroad workers injured on the job." Lancaster v. Norfolk & W.R.R., 773 F.2d 807, 812 (7th Cir.1985) cert. denied, 480 U.S. 945, 107 S.Ct. 1602, 94 L.Ed.2d 788 (1987); Yawn v. Southern Ry., 591 F.2d 312, 317 (5th Cir.), cert. denied, 442 U.S. 934, 99 S.Ct. 2869, 61 L.Ed.2d 304 (1979). The statute's main purpose was to enable injured railroad workers to overcome a number of traditional defenses to tort liability that had previously operated to bar their actions, including contributory negligence, contractual waiver of liability, the...

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