Mickey v. BNSF Railway Co.
358 S.W.3d 138
Mo. Ct. App.2011Background
- Mickey worked 40 years for BNSF as a switchman performing labor-intensive yard duties with debris and slippery conditions.
- He developed back and knee disabilities, eventually diagnosed as permanent in September 2007.
- He filed a FELA negligence action against BNSF for these injuries.
- A jury awarded Mickey $345,000; BNSF moved for a new trial, which was denied.
- BNSF challenged multiple instructions and evidentiary rulings at trial.
- The appellate court affirmed the judgment, addressing proposed jury instructions and the exclusion of prior-settlement evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statute of limitations instruction denial | Mickey argued earlier knee/back problems mattered to accrual. | BNSF argued accrual occurred before 2005 due to earlier complaints. | Trial court did not abuse discretion; no submission of FELA accrual instructions required. |
| Apportionment of damages between preexisting injuries and aggravation | Mickey’s damages arise from aggravation caused by BNSF negligence. | Ayers prohibits apportionment between railroad and non-railroad causes. | Court refused apportionment; Ayers applies; no error in denying Instruction D. |
| Withdrawal instructions for prior injuries | Not applicable; prior injuries were background for health context. | Withdrawal instructions would clarify damages related to prior injuries. | Court properly refused withdrawal instructions; evidence of prior injuries did not mislead the jury. |
| Proximate cause instruction under FELA | Proximate cause required by FELA with Rogers standard. | McBride/G h b confirms no traditional proximate-cause standard; relaxed causation standard. | Court did not err in refusing proximate-cause instruction; McBride controls. |
| Exclusion of evidence of prior settlements | Settlements show prior compensation; relevant to damages. | Prior settlements irrelevant to damages in 2007-claim; not admissible. | Court did not abuse discretion in excluding settlement evidence. |
Key Cases Cited
- Norfolk Western Ry. Co. v. Ayers, 538 U.S. 135 (2003) (applies Ayers in FELA damages/claims; no apportionment between railroad and nonrailroad causes)
- Rogers v. Missouri Pacific Railroad, 352 U.S. 500 (1957) (establishes relaxed causation standard in FELA; proximate cause not identical to common law)
- CSX Transportation, Inc. v. McBride, 131 S. Ct. 2630 (2011) (confirms FELA causation standard and rejection of traditional proximate-cause instruction)
- Sabalka v. Burlington Northern & Santa Fe Ry. Co., 54 S.W.3d 605 (Mo.App. W.D. 2001) (accrual in occupational disease cases; intermittent symptoms not per se injury)