Smith v. CSX Transportation, Inc.
325 Ga. App. 314
Ga. Ct. App.2013Background
- Smith, a union local chairman and CSX employee, slipped on soap on a stair at a CSX facility on April 6, 2004 and injured his knee; soap matching restroom soap was found on the step and on Smith’s boot.
- Smith sued CSX under FELA claiming CSX negligence and sought lost future wages based on anticipated work through his planned 2012 retirement.
- Hours earlier Smith was observed violating a safety rule, was told he was “up for dismissal,” and was placed out of service (escorted off property); Smith disputes some details of that notice.
- CSX sought to introduce limited evidence of multiple prior disciplinary sanctions (dates and sanctions only; not the reasons) to attack Smith’s claimed future earnings and to support a defense that Smith staged the accident.
- Trial court admitted limited disciplinary-history evidence; jury returned verdict for CSX; Smith appealed arguing the evidence was irrelevant and unduly prejudicial.
- The Court of Appeals affirmed, holding the limited disciplinary evidence was relevant to lost future wages and to the staging theory and that its probative value outweighed any prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior disciplinary record to prove lost future wages | Evidence of disciplinary record is irrelevant to damages and highly prejudicial | Disciplinary record is relevant because it bears on Smith’s future employability and undermines his claim to definite future wages | Admissible: record relevant to lost earning capacity; probative value not substantially outweighed by prejudice |
| Admissibility of disciplinary record to prove fabrication/staging of accident | Record irrelevant to liability and unfairly prejudicial | Record probative of motive to stage accident (fear of dismissal) when combined with other facts | Admissible: relevant corroborative evidence for staging theory; properly limited admission |
Key Cases Cited
- Fowler v. Seaboard Coastline R. Co., 638 F.2d 17 (5th Cir.) (scope-of-employment test in FELA cases)
- National R. Passenger Corp. v. McDavitt, 804 A.2d 275 (D.C. App.) (disciplinary record admissible to challenge lost-earnings assumptions)
- Myrick v. Stephanos, 220 Ga. App. 520 (Ga. Ct. App.) (evidence relevant to lost earning capacity)
- Norfolk Southern R. Co. v. Schumpert, 270 Ga. App. 782 (Ga. Ct. App.) (post-accident termination does not bar FELA claim)