 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Payne v. Cornhusker Motor Lines8/9/2005
Charles Payne ("Plaintiff"), a train engineer for Union Pacific, was operating a train near Paragould, Arkansas when it collided with a tractor-trailer owned by Cornhusker Motor Lines ("Defendant"). Plaintiff sued for injuries sustained in the accident and a jury awarded him $3,500,000.00 in damages and assessed him to be 15% at fault. The court granted Plaintiff's motion for judgment notwithstanding the verdict ("JNOV") and reversed the jury's comparative fault findings. Defendant appealed.
Defendant raises nine points on appeal: (1) the trial court erred in granting Plaintiff's motion for JNOV and reversing the jury finding that Plaintiff was 15% at fault because Defendant made a submissible case for comparative fault; (2) the trial court erred in not letting Defendant cross-examine Plaintiff about Plaintiff's personal knowledge that the railroad crossing at issue was dangerous; (3) the trial court erred in permitting Plaintiff to call and elicit certain testimony from James Armes who was not designated as an expert witness; (4) the trial court erred in permitting Plaintiff to read portions of the deposition of Gary Allgeier, a company clerk for Defendant, where Allgeier testified regarding Section 392.10 of the Federal Motor Carrier Safety Regulations, James Sheppard's compliance with that regulation and Sheppard's fault in the accident; (5) the trial court erred in denying Defendant's motion for JNOV/New Trial and Defendant's motion for a full evidentiary hearing regarding juror non-disclosure because Defendant was denied its right to an impartial jury in that six jurors failed to respond to clear and material questions during voir dire regarding prior litigations and claims; (6) the trial court erred in refusing to admit the medical records of Dr. David Stronsky and Dr. Eli Shuter based on Plaintiff's objection to authenticity when Plaintiff stipulated to the authenticity of the records and the court released the records custodians who had been subpoenaed by Defendant; (7) the trial court erred in denying Defendant's motion for directed verdict and JNOV or Defendant 's motion for a new trial because there was no credible or properly admissible evidence of Defendant's negligence or that Defendant's negligence, if any, contributed to or caused injury to Plaintiff; (8) the trial court erred in permitting the introduction of evidence of the replacement cost of insurance for Plaintiff's wife and child as this evidence was inadmissible and prejudicial; (9) the trial court erred in denying Defendant's motion for JNOV or motion for new trial as well as denying Defendant's motion for remittitur because the verdict is grossly excessive and is so excessive as to indicate bias, prejudice and jury misconduct. We affirm in part and reverse in part and remand.
BACKGROUND
It is undisputed that, on October 18, 2000, Plaintiff, then age 56, was operating a train near Paragould, Arkansas when he approached a railroad crossing at Goldsmith Road (hereinafter the "crossing"). The crossing had no gates or warning lights. At about this time, Sheppard, an employee of Defendant with approximately 25 years' experience driving a tractor-trailer unit, also approached the crossing. Plaintiff's train collided with a Cornhusker truck driven by Sheppard. At that point, the train was moving at 46 miles per hour. Sheppard was killed in the accident. Plaintiff applied the emergency brake at the moment of impact.
The proper interpretation of the facts regarding what happened before the collision is disputed by the parties. At trial, two witnesses testified to the events that happened before the collision, Plaintiff and Joe Brummett, a man who lived near the crossing. Plaintiff testified rega
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|