Denton v. Southern Railway Co.

OPINION

FRANKS, Judge.

In this action under the Federal Employers’ Liability Act [FELA] 45 U.S.C. § 51, et seq., the Trial Court dismissed one defendant by summary judgment and entered judgment of $25,000.00 for damages based on a jury verdict in favor of the plaintiff.

Plaintiff has appealed, insisting the action should be reinstated as to Norfolk Southern Corporation [NSC] and that he is entitled to a new trial because the Trial Judge excluded evidence on plaintiff’s reasonable fear of contracting cancer and his increased need for cancer monitoring, and erroneously instructed the jury. We…