Palmer v. CSX Transportation, Inc.

Memorandum: Plaintiff commenced this action pursuant to *1627the Federal Employers’ Liability Act ([FELA] 45 USC § 51 et , seq.) seeking damages for injuries he sustained when his leg became entangled in a chain and he fell from a freight train operated by defendant, his employer. Following a jury trial, the jury rendered a verdict finding defendant 20% liable for the accident and awarding plaintiff damages in the total amount of $207,000, but awarding no damages for future pain and suffering or future lost wages. We agree with plaintiff that Supreme Court erred in denying that part of his…