Jolley v. Consolidated Rail Corp.

Defendant, Consolidated Rail Corporation, appeals from a judgment awarding plaintiff, Darrell Patrick Jolley, $1,050,000 in a personal injury action brought by plaintiff under the Federal Employers’ Liability Act (45 U.S.C. §51 (1982)) and the Federal Safety Appliance Act (45 U.S.C. §1 (1982)). On appeal, defendant contends: (1) the trial court erred in submitting plaintiff’s Safety Appliance Act claim to the jury, thereby eliminating its contributory negligence defense; (2) the award of $1,050,000 is excessive for the injury claimed; and (3) newly discovered evidence illustrating the falsity…