Supreme Court of Alabama

Csx Transportation, Inc. v. Joel Don Miller

March 19, 20102010 Ala. LEXIS 46

Summary

The Supreme Court of Alabama affirmed a $450,000 jury verdict for a railroad employee who developed degenerative cervical disease after decades of exposure to vibration, jolting, and unstable locomotive seats. The court held that the jury was properly instructed on apportionment, lost wages, mitigation, the Locomotive Inspection Act, foreseeability, and the employer's nondelegable duty, and that the trial court properly denied CSX's motions for judgment as a matter of law and its requested verdict form. Justice Murdock concurred in the result but disagreed with portions of the majority's analysis concerning apportionment instructions and the special-verdict form.