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Norfolk S. Ry. Co. v. Schumpert

The jury was authorized to find that the defendant's negligence played some part in causing the plaintiff's injury under FELA, since the plaintiff was injured while replacing a 90-pound coupling device, which fell to the ground after defendant's utility brakeman negligently failed to notice a pin missing in the device.

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Under the Federal Employers’ Liability Act FELA, railroad companies are liable for injuries to their employees that result in whole or in part from company negligence. In this case, company negligence caused a railroad-car coupling device to fall to the ground. Conductor James Hugh Schumpert injured his back when he replaced the 90-pound device. The main issue presented here is whether his injury can be said to have resulted, either in whole or in part, from the negligence that caused the device to fall. Schumpert sued Norfolk Southern Railway Company NSRC for his injury and based his complaint on FELA,1 and the Federal Safety Appliance Act FSAA.2 Following a jury trial, NSRC moved for a directed verdict with regard to both claims. The trial court granted the motion on the FSAA claim but denied it on the FELA claim. Thereafter, the jury returned a verdict against NSRC in the amount of $596,681.41, which was entered as the court’s judgment. NSRC moved for judgment notwithstanding the verdict and for new trial. The trial court denied the motions, and NSRC appeals.

The standard of review in this situation is well known: In determining whether the trial court erred by denying the appellant’s . . . motion for judgment n.o.v., this court must view and resolve the evidence and any doubt or ambiguity in favor of the verdict. A directed verdict and judgment n.o.v. are not proper unless there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, demands a certain verdict. Citations and punctuation omitted. Irwin County v. Owens, 256 Ga. App. 359, 360 2 568 SE2d 578 2002.

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