Whaley v. CSX Transportation2/2/2005
Heard October 6, 2004
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED
Danny Whaley (Whaley), a locomotive engineer, filed a complaint against his former employer, CSX Transportation, Inc. (CSX), alleging that, due to CSX's negligence, he was injured as a result of exposure to excessive heat in a locomotive cab. The jury awarded Whaley actual damages in the amount of $1,000,000. CSX appealed, and after certifying this case for review pursuant to Rule 204(b), SCACR, we affirm in part, reverse in part, and remand.
Factual/Procedural Background
On May 24, 2000, Whaley reported to work at CSX's Maxwell Yard in Greenwood, South Carolina, to operate a familiar route from Greenwood to Laurens and then back. On the way to Laurens, Whaley became disoriented and began experiencing stomach cramps, nausea, and diarrhea. He also noticed that he was not sweating, even though it was very hot in the locomotive cab. When he arrived in Laurens, Whaley went inside the depot office to cool off in the air conditioning. He tried drinking water but stopped because it made his stomach cramp.
Before Whaley began the return trip to Greenwood, he realized that because of his symptoms, he would not be able to make the trip. He returned to the depot and called 911.
EMS arrived, and after learning that Whaley had not been drinking fluids and was experiencing dizziness, the paramedic administered fluids through an IV. The paramedic then recommended that Whaley be taken to the emergency room "to be checked out." Upon arrival at the emergency room, Whaley's temperature was either 99.1 or 99.7 degrees. The emergency room physician determined that Whaley suffered heat exhaustion, dehydration, and acute abdominal pain. Whaley was kept in the emergency room for approximately two hours for observation and then was released.
After that day, May 24, 2000, Whaley remained out of work for two weeks. On June 7, with his family doctor's permission, Whaley returned to work. Whaley testified that he still felt bad at the time, but he had to work or he would not get paid.
He worked June 7 and 8, and then took the next three days off because he was still not feeling well. The following Monday, June 12, Whaley returned to work, but the very next day, June 13, would be his last day working for CSX. He testified that, even though he did not feel well all day, he was able to complete his duties.
On June 14, 2000, Whaley went to a previously scheduled appointment with his family doctor, Dr. Hatfield, who told Whaley not to go back to work until doctors could determine why Whaley felt so badly and why he was unable to sweat upon exertion. Dr. Hatfield referred Whaley to a number of specialists. Dr. James, a cardiologist, testified that he found no cardiac abnormalities and thought, instead, that Whaley had a viral illness and, accordingly, referred him to an infectious disease specialist. Dr. Holman, an internal medicine specialist, testified that Whaley's symptoms were consistent with a viral illness, heat exhaustion, or dehydration.
After he was examined by the specialists, Whaley testified that he concluded " here was nothing anybody could do." Because of his inability to perspire upon exertion, Whaley never returned to work. Since then, he has been limited in his physical activity, but has still been able to enjoy hobbies such as fishing and hunting. In January 2003, however, Whaley began experiencing dizziness and shortness of breath. As a result, doctors installed a pacemaker.
Whaley filed a complaint against CSX in Hampton County on February 14, 2001, asserting claims under the Federal Employer's Liability Act
Page 1 2 3 4 5 6 7 8 9 10 11 South Carolina Personal Injury Attorneys
Personal Injury Lawyers
|