Crowther v. Consolidated Rail Corp.
680 F.3d 95
1st Cir.2012Background
- Crowther, a former railroad employee, sued under FELA for wear-out injuries (neck, knees, left elbow, thumb) and a separate accidental injury (left forearm) from 2005.
- Wear-out injuries allegedly became identifiable as work-related on or after September 21, 2004; aggravation injuries alleged on or after March 5, 2006.
- District court granted JMOL on most claims; remaining claims were tried and verdicts returned for defendants on wear-out and accident claims.
- Knee and neck wear-out claims were found untimely; ergonomics/tools issues raised as to wear-out were denied for lack of proof of cumulative negligent conduct.
- Evidence of Railroad Retirement Board disability benefits (collateral source) was admitted and reviewed under McGrath and Eichel; verdicts were special findings of no negligence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of knee wear-out claim | Crowther timely under discovery rule. | No work-link discovered within 3-year window; untimely. | Knee wear-out untimely; no reasonable link within period. |
| Timeliness of neck wear-out claim | Knowledge of work relation occurred within window. | Evidence shows awareness in 2002; untimely for wear-out. | Neck wear-out untimely; no timely discovery within window. |
| Ergonomic studies and tools for wear-out claims | Evidence of failing to provide proper tools/ergonomics shows negligence over time. | No proof that lack of ergonomics caused harm; no probative causal link. | Judgment as a matter of law proper; no failure shown to change practices over time. |
| Collateral source evidence (Railroad Retirement benefits) | Admitting collateral benefits prejudices jury against plaintiff; violates Eichel. | McGrath supports admissibility; useful for malingering assessment. | No abuse of discretion; collateral source evidence allowed under McGrath. |
| Impact of collateral source on malingering proof and verdicts | Evidence could mislead jury about liability. | Evidence, with limiting instruction, clarifies mitigation and malingering. | Admission did not prejudice; malingered admission shown by trial testimony, sustaining decisions. |
Key Cases Cited
- McGrath v. Consol. Rail Corp., 136 F.3d 838 (1st Cir. 1998) (abuse of discretion review of collateral source evidence)
- Eichel v. New York Cent. R.R. Co., 375 U.S. 253 (U.S. 1963) (collateral source evidence generally inadmissible in FELA per curiam)
- Cruz-Vargas v. R.J. Reynolds Tobacco Co., 348 F.3d 271 (1st Cir. 2003) (de novo review for JMOL; standard on judgments)
- Granfield v. CSX Transp., Inc., 597 F.3d 474 (1st Cir. 2010) (discovery of injury timeline under FELA 3-year statute)
- Aparicio v. Norfolk & Western Ry. Co., 84 F.3d 803 (6th Cir. 1996) (scintilla of evidence principle in FELA cases)