Norfolk Southern Ry. v. Bradley

• Citation: 772 So.2d 1147
• Parties: NORFOLK SOUTHERN RAILWAY COMPANY, INC. v. John BRADLEY.
• Decision Date: 02 June 2000
• Court: Supreme Court of Alabama

772 So.2d 1147

NORFOLK SOUTHERN RAILWAY COMPANY, INC. v. John BRADLEY.

1990022.

Supreme Court of Alabama.

June 2, 2000.

Michael W. Ray, Turner B. Williams, and J. Clinton Pittman of Sadler Sullivan, P.C., Birmingham, for appellant.

Michael D. Blalock of Blalock & Blalock, P.C., Birmingham, for appellee.

HOOPER, Chief Justice.

This is a Federal Employers' Liability Act ("FELA") case brought by John Bradley, an engineer for Norfolk Southern Railway Company, Inc. ("Norfolk Southern"), against his employer for damages based on injuries resulting from an accident that occurred while Bradley was working as a yard engineer. The accident occurred when Bradley was instructed by his supervisor, Ted Jenkins, to move his yard train along the track that he was presently on. However, that track was already occupied by another train, which was stationary. The train Bradley was moving struck the other train; Bradley was thrown from his seat in the engine. He contends that his train was moving at a speed of 7 to 10 miles an hour at the time of the collision, while Norfolk Southern contends the speed was only three to seven miles per hour.

Bradley alleged that Norfolk Southern, through its agent Jenkins, negligently failed to determine whether Bradley's track was clear before ordering Bradley to move the train. Bradley also alleged that Norfolk Southern's negligence proximately caused him to incur a back injury that he says prevents him from working. Norfolk Southern denied liability, alleging that Bradley was contributorily negligent in regard to the cause of the accident. The jury returned a $700,000 general verdict in favor of Bradley. Norfolk Southern filed a "Motion for New Trial or in the Alternative, Motion for Judgment Notwithstanding the Verdict, or in the Alternative, Request for Remittitur of the Verdict." The trial court denied Norfolk Southern's alternative motions, after holding a hearing. The court entered a judgment on the verdict. Norfolk Southern appealed. We affirm.

I.

Norfolk Southern raises six issues. First, Norfolk Southern contends that the trial court erred in failing to grant its motions for a judgment as a matter of law. Norfolk Southern argues that Bradley's inability to return to work was not caused by the on-the-job accident. Instead, Norfolk Southern contends that Bradley has diabetes, high blood pressure, and a high cholesterol level and that these problems are the proximate cause of Bradley's inability to work. Norfolk Southern contends that it was entitled to a judgment as a matter of law because, it argues, Bradley admitted that his diabetes independently caused his economic losses and because, it says, Bradley could have returned, and in fact did return, to work under any number of "light-duty" assignments, including the job he was doing when he was injured.

The standard of review applicable to a trial court's denial of a motion for a judgment as a matter of law is the same as that applicable to an order denying a motion for a directed verdict. Winn Dixie of Montgomery, Inc. v. Colburn, 709 So.2d 1222, 1223 n. 1 (Ala.1998).

"The standard of review applicable to a directed verdict or to a denial of a motion for a directed verdict is whether the nonmoving party has presented substantial evidence in support of his position. If he has not, then a directed verdict is proper. Bailey v. Avera, 560 So.2d 1038, 1039 (Ala.1990). A verdict is properly directed only where there is a complete absence of proof on a material issue or where there are no disputed questions of fact for the jury to determine. Woodruff v. Johnson, 560 So.2d 1040 (Ala.1990)."

K.S. v. Carr, 618 So.2d 707, 713 (Ala.1993).

Evidence is "substantial" if it is "of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). The evidence, viewed in the light most favorable to Bradley, creates a disputed question of fact as to the cause of Bradley's inability to work. The accident occurred on March 13, 1996, shortly before Bradley's shift was to end. Bradley testified that although his shoulder and jaw were sore he went home that day rather than going to a doctor. The next day, he said, he woke up in pain and telephoned his trainmaster, who sent him to see Dr. George E. Rudd at Carraway Industrial Medical Center. Dr. Rudd did not order an X-ray or an MRI test, but determined that Bradley needed only to take medication (Tylenol) for the pain. Dr. Rudd released Bradley to work; however, Bradley contends he was still in pain. On March 19, Bradley went to the emergency room at Baptist-Princeton Hospital, where he received an injection containing Novocaine for his back pain. Bradley was also given an 800-mg. dosage of Motrin for pain. Bradley then went to see his family physician, Dr. C. Michael Buchanan, who prescribed additional pain medication and muscle relaxers. Dr. Buchanan also gave Bradley a series of epidural shots and ordered physical therapy. He referred Bradley to Dr. Jeffrey G. Pirofsky for "work hardening." Dr. Pirofsky released Bradley to work, on May 2, 1996, after a "functional capacity evaluation" was performed.

Bradley went back to work, but he contends that he experienced constant pain although he was taking his prescribed pain pills. Bradley had an exacerbation of his back pain on May 29, 1996, when trying to set the hand brake of an engine. He went to see Dr. Pirofsky again, and he continued to see Dr. Buchanan periodically in 1996 for his back pain and to obtain pain medication. In November 1996, Bradley was diagnosed with diabetes. He was treated with insulin shots and was prescribed Glucophage to control his diabetes. He returned to work in January 1997. In February, March, April, and June 1997, Bradley saw Dr. Jason R. Dyken at Kirklin Clinic. Dr. Dyken treated Bradley for both his diabetes and his back pain. Dr. Dyken prescribed the pain medication Ultram for Bradley's back pain. Bradley continued to work, but was still experiencing pain. Dr. Dyken referred Bradley to Dr. Winfield S. Fisher III, a neurosurgeon at the University of Alabama in Birmingham Hospital ("UAB"), who performed an MRI test. Dr. Fisher sent Bradley to Dr. Ron Headrick, at Kirklin Pain Clinic, in August 1997 for epidural blocks. The epidural blocks were repeated in August 1998. Dr. Headrick prescribed the pain medication Neurontin for Bradley's back pain.

Before seeing Dr. Headrick, Bradley was sent by Dr. Fisher to see Dr. Victor S. Roth at UAB's Industrial Medical Clinic. In June 1997, Dr. Roth evaluated Bradley's condition and determined that Bradley was "disqualified from the position of locomotive engineer" because he was taking prescription medication that might affect his alertness and judgment and because he was an insulin-controlled diabetic. Bradley did not return to work; he applied for disability benefits. In his application, Bradley wrote: "According to some FRA regulations, which prohibits on the job administering of the medications I'm taking, chronic back pain prohibits me from sitting any number of hours. I'm suffering from dizziness, drowsiness, diabetes complications of poor circulation and constant pain in my feet." Thereafter, Bradley began seeing Dr. Anna Davis for his back pain. Dr. Davis continued to medicate Bradley's back pain with Neurontin, which Bradley contends made him drowsy. On February 4, 1998, while driving, Bradley passed out because of his diabetes. His car crashed into a median, but Bradley contends he was not injured in the accident.

The jury was presented with evidence indicating that as a result of the train accident Bradley suffered from back pain for which he was prescribed pain medication that affected his alertness and judgment. The jury was also presented with evidence indicating that Bradley suffered from diabetes-related problems, including dizziness. Therefore, a genuine question of fact existed regarding the proximate cause of Bradley's inability to return to work. Bradley presented substantial evidence from which a jury could conclude that the medication Bradley was prescribed to relieve the pain resulting from the back injury prevented him from working. Therefore, the trial court properly denied Norfolk Southern's motions for a judgment as a matter of law.

II.

Norfolk Southern argues that the trial court erred in refusing to submit a special-verdict form to the jury. Norfolk Southern contends that a special-verdict form was required because this was a complex case. The special-verdict form proffered by Norfolk Southern would have permitted the jury to apportion damages between the on-the-job accident and the preexisting and unrelated illnesses that independently would have caused Bradley to miss work. In the order denying Norfolk Southern's motion for a new trial, the court stated that the proposed verdict form was "unduly confusing and would have been susceptible to misinterpretation or conjecture."

The proposed special-verdict form set forth seven questions to be answered by the jury. Question 6 asks: "What amount do you find, without any reduction for any negligence which you may find on the Plaintiff's part, will fairly and adequately compensate the Plaintiff for the injury he received?" Question 7 asks: "What percentage of the damages determined in Question No. 6 above is attributable to a pre-existing condition or to the Plaintiffs previous or subsequent accidents?" Norfolk Southern contends that these questions would have allowed the jury to weigh the causes of Bradley's ability to work and to apportion the damages between the on-the-job accident and the illnesses that may have independently caused Bradley to miss work. The trial court properly refused Norfolk Southern's proposed verdict form, because it was confusing and misleading. Question 6 specifically asks the jury to assess the amount...