CSX Transportation, Inc. v. Levant

1. I cannot agree with the majority’s assertion that this case is controlled by Central of Ga. R. Co. v. Swindle, 260 Ga. 685 (398 SE2d *315365) (1990). In Swindle, supra, we recognized that the jury’s determination of the amount of damages to be awarded in an FELA suit is

“inviolate, ‘absent an award so excessive or inadequate as to shock the judicial conscience and raise an irresistible inference that passion, prejudice or another improper cause invaded the trial.’ ” [Cits.]

Id. at 686. After making “a detailed appraisal of the evidence bearing on damages” (Grunenthal v. Long Island R. Co.,…