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Smith v. CSX Transp. Inc.

Evidence regarding the plaintiff's disciplinary record and the fact that he was up for dismissal as a result of that record was relevant to the plaintiff's claim for lost future wages.

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Larry G. Smith suffered a knee injury when he slipped and fell while ascending a set of stairs at a facility owned and operated by his then-employer, CSX Transportation, Inc. “CSX”. Smith subsequently filed suit against the railroad seeking to recover for the injuries he sustained as a result of his accident. The case went to trial and the jury returned a verdict in favor of CSX. The trial court entered judgment on that verdict and Smith now appeals,1 asserting that the trial court erred in allowing CSX to introduce evidence of his employment disciplinary record. For reasons explained below, we find no error and affirm.

The record shows that on April 6, 2004, Smith was in the administrative building at the CSX facility in Walbridge, Ohio, to attend a meeting of the local safety committee. Smith was attending this meeting in his capacity as a local chairman of the United Transportation Union “UTU”.2 After he entered the building, Smith went into the men’s restroom on the first floor and then into the union office, which was also located on the first floor. When Smith left the union office, he began to proceed to the safety meeting, being held on the building’s second floor. As he began to ascend the stairs, Smith placed his left foot on the second step and slipped and fell, injuring his left knee. An inspection conducted immediately after Smith’s fall revealed that there was small circle of soap, approximately one inch in diameter, on the second step. Soap had also been “tracked” onto the third step, and there was soap on the bottom of Smith’s left work boot. This soap was the same kind that was used in the building’s restrooms.

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