2011 S.D. 68
S.D.2011Background
- Jacobs, a DM&E rail-car mechanic, was injured January 7, 2007 in Huron, SD after slipping on snow/ice in the rail yard while dealing with train crews.
- He wore ice cleats but fell on a patch of snow-covered ice, fracturing his elbow and injuring his shoulder, resulting in permanent lifting restrictions.
- Jacobs sued DM&E under the Federal Employers’ Liability Act (FELA); a jury awarded $300,000 in damages.
- DM&E challenged evidentiary admissibility of drainage-related photographs/testimony and sought judgment as a matter of law and a new trial; the trial court denied both and later addressed interest and set-off.
- The trial court admitted drainage evidence; DM&E argued foreseeability could not be shown and moved for JML; the court denied the motion and DM&E appealed.
- DM&E also sought prejudgment interest, argued set-off for wage-continuation benefits; the court permitted post-verdict interest and applied a $16,086.06 set-off.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of drainage evidence and foreseeability | Jacobs | DM&E | Admissible; no abuse of discretion; jury could decide foreseeability |
| New-trial on loss of earning capacity instruction | Jacobs | DM&E | No preservation error; court did not err in denying new trial on this issue |
| Prejudgment/post-judgment interest | Jacobs | DM&E | Post-verdict interest proper under SDCL 15-16-3; no conflict with FELA; prejudgment interest not awarded |
| Set-off against judgment for wage-continuation payments | Jacobs | DM&E | Set-off allowed under 45 U.S.C. § 55; affirmed |
Key Cases Cited
- McBride v. CSX Transp., Inc., , S. Ct. __ (2011) (reaffirmed FELA proximate-cause standard; 'any part' causation standard)
- Rogers v. Missouri Pac. R.R. Co., 352 U.S. 500 (1957) (FELA proximate-cause standard; 'any part' test)
- Gallick v. Baltimore & Ohio R.R. Co., 372 U.S. 108 (1963) (foreseeability and duty measured by what is reasonably foreseeable)
- Ferguson v. Moore-McCormack Lines, Inc., 352 U.S. 521 (1957) (foreseeability and duty principles in FELA context)
- Louisiana & Arkansas Ry. Co. v. Pratt, 142 F.2d 847 (5th Cir. 1944) (definition of prejudgment/post-judgment interest standards in related rail contexts)