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Dalebout v. Union Pacific Railroad Co.5/6/1999
has had to greatly curtail his personal and recreational pursuits, including skiing. Lifting, twisting, standing or sitting for long periods, and even sneezing can aggravate his condition. He takes daily pain medication, increasing the dosage over time.
Before the injury, Dalebout had no physical limitations. Now, he may not lift more than fifty pounds. Although his job description requires him to be able to help lift eighty-three pounds, Dalebout testified that his lifting restriction has not hampered his work. In fact, Dalebout testified that his injury does not affect his ability to do his job because he works with his hands. Except for the first ten days, he has not even missed a day of work because of the injury. However, with his back pain, he is not always physically comfortable at work and must sometimes readjust his body position or stand up. Both Dalebout and his close friend who also works for Union Pacific testified that Dalebout worries about his livelihood. Still, since his injury, Dalebout has been able to work all shifts available to him and his wages have increased. He testified that he plans to work until he is sixty-five.
Although Union Pacific has not asked Dalebout to be physically examined in recent years, Tim Holmes, a Union Pacific representative, testified that the railroad may physically examine any employee to determine if he is fit for duty. Holmes acknowledged that federal laws require Union Pacific to accommodate disabled employees. Holmes further testified that if Dalebout became unable to work Dalebout would lose $78,000 per year.
Before trial, the trial court denied Union Pacific's motion in limine asking the trial court to exclude Dr. Bryan's testimony that Dalebout has a thirty-percent chance of needing future back surgery. After Dalebout presented his witnesses at trial, Union Pacific unsuccessfully moved for a directed verdict, arguing Dalebout had introduced insufficient evidence to support his claims involving future surgery and future impairment of earning capacity. Union Pacific later objected to jury instructions letting the jury consider future surgery and future impairment of earning capacity. The jury found Union Pacific liable for negligence and returned a verdict for Dalebout, awarding $825 for past medical costs; $5,040 for future medical costs; nothing for past wage loss; $275,000 for future impairment of earning capacity; $12,500 for past pain, suffering, and loss of enjoyment of life; and $200,000 for future pain, suffering, and loss of enjoyment of life (future pain and suffering).
Union Pacific moved for a judgment notwithstanding the verdict (JNOV) under Utah Rule of Civil Procedure 50 or a new trial under Utah Rule of Civil Procedure 59, arguing that insufficient evidence supported the jury's verdict involving the issues of future surgery and future impairment of earning capacity. Alternatively, Union Pacific argued that the trial court should order a remittitur of damages awarded for future impairment of earning capacity. Union Pacific further contended that the evidence that Dalebout has a thirty-percent chance of future surgery likely tainted the jury's award of damages for future pain and suffering and thus requested a new trial or remittitur on that basis too. The trial court denied all Union Pacific's motions for JNOV, new trial, and remittitur.
On appeal, Union Pacific does not challenge its liability for Dalebout's injury, instead attacking the damages awards for both future impairment of earning capacity and pain and suffering. Union Pacific's arguments flow from its contention that the trial court should not have admitted into evidence Dr. Bryan's testimony that Dalebout has a thirty
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