Granfield v. CSX Transportation, Inc.

Filing 920100311

Opinion

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var WPFootnote1 = 'Lateral epicondylitis is defined as inflammation and pain over\
the outer side of the elbow involving the lateral epicondyle of the\
humerus usually resulting from excessive or violent twisting\
movements of the hand. Webster\'s Third New International\
Dictionary Unabridged 2356 (2002).\
'

var WPFootnote2 = 'We present these facts in the light most favorable to the\
verdict.\
'

var WPFootnote3 = 'Granfield testified at trial that he was currently unemployed\
and that the last time he worked was on March 5, 2006.\
'

var WPFootnote4 = 'Although in his complaint Granfield cited other deficiencies\
with the locomotives he operated, at trial the weight of the\
evidence Granfield presented was aimed at proving that only the\
throttles and alerter buttons malfunctioned and caused his\
injuries.\
'

var WPFootnote5 = 'When functioning properly, which Granfield contends they were\
not.\
'

var WPFootnote6 = 'In this case, the jury found CSXT 60% negligent under FELA.\
However, since the jury also found CSXT had violated the LIA, a\
"statute enacted for the safety of its employees," CSXT was\
required to pay 100% of Granfield\'s damages.\
'

var WPFootnote7 = 'The BIA, 45 U.S.C. § 23, was recodified in 1994 as the Federal\
Locomotive Inspection Act. See Pub. L. No. 103-272, § 1(a).\
'

var WPFootnote8 = 'We only review the motion for judgment as a matter of law since\
"defendant\'s motion for summary judgment has been overtaken by\
subsequent events, namely, a full-dress trial and an adverse jury\
verdict." See Rivera-Torres v. Ortiz Vélez, 341 F.3d 86, 92 (1st\
Cir. 2003).\
'

var WPFootnote9 = 'In its brief in chief, CSXT argued that the proper standard of\
review was clear error since CSXT had filed a motion in limine to\
exclude Dr. Spector\'s testimony and the district court denied it\
without prejudice. We continue to assert that the proper standard\
of review of a denial of admission of expert testimony is abuse of\
discretion.\
'

var WPFootnote10 = 'Roberts had previously been precluded from testifying on the\
state of the locomotives.\
'

var WPFootnote11 = 'No evidence was presented at trial and no argument has been\
offered that the condition on the locomotives\' floor was related to\
Granfield\'s lateral epicondylitis.\
'

var WPFootnote12 = 'The following exchange took place during O\'Neill\'s direct\
examination by CSXT:\
\
Q.  Has any engineer, other than Mr. Granfield, ever\
complained they have developed tennis elbow as a\
result of the condition of throttles or alerters in\
the 6200 series locomotives between 2000 and 2006?\
 \
A.  No.\
'

var WPFootnote13 = 'Namely, the comment on what the evidence was on other engineers\
who had developed epicondylitis from operating the alerters and\
throttles on the 6200 series locomotives.\
'

var WPFootnote14 = 'CSXT also requests that we enter judgment in its favor, or in\
the alternative order a new trial, based on the cumulative error\
doctrine outlined in United States v. Sepúlveda, 15 F.3d 1161,\
1195-96 (1st Cir. 1993). Given that we have found the district\
court committed no errors, we decline to do so.\
'

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