The Tennessee Supreme Court has ruled that a widow whose husband died after a five-year battle with lung cancer will get a new trial to determine the amount of damages owed by her husband’s employer as a result of its negligence in contributing to her husband’s illness.
For over 40 years, Winston Payne worked for CSX Transportation, Inc. as a switchman, switch foreman, and brakeman in the railroad transportation department.
When Mr. Payne was diagnosed with lung cancer less than three years after his retirement, he filed suit against the railroad, contending that his cancer was caused by the railroad’s negligence in exposing him to asbestos, diesel exhaust fumes, and radioactive materials. The railroad denied liability but claimed that if it were found liable to any degree, the amount of damages should be reduced because of Mr. Payne’s history of cigarette smoking. Mr. Payne, who had stopped smoking 17 years before being diagnosed with cancer, died before his case went to trial, and his widow, Anne Payne, was substituted as the plaintiff.
After a 10-day trial, a jury found that the railroad had been negligent (by breaching its duty to Mr. Payne as an employee) and negligent per se (by violating certain safety regulations). In its detailed verdict, the jury awarded $8.6 million in compensatory damages and assigned 62% of the fault to Mr. Payne. Under federal law unique to railroad cases, the jury’s finding of negligence per se meant that the amount of damages could not be reduced by any percentage of Mr. Payne’s contributory fault. In consequence, Mr. Payne’s widow appeared to be entitled to the full award. After the jury returned its verdict, however, Judge Harold Wimberly provided supplemental instructions, explaining that because of the finding of negligence per se, the $8.6 million could not be reduced in proportion to Mr. Payne’s 62% contributory fault. The jury then resumed deliberations and ultimately returned with an award of $3.2 million.
Judge Wimberly entered a judgment in the amount of $3.2 million, but later concluded that he had made errors during the course of the trial and granted a new trial. Prior to the second trial, Judge Dale Workman, who had substituted for Judge Wimberly, dismissed the suit on evidentiary grounds. On appeal, the Court of Appeals first found that Judge Wimberly was mistaken in his belief that he had committed errors during the trial and, therefore, should not have ordered a second trial. The Court of Appeals then set aside the dismissal by Judge Workman and remanded the case for Judge Wimberly to determine whether Mr. Payne’s widow should be awarded $8.6 million, as initially found by the jury, or $3.2 million, as later found by the jury. In the meantime, both Judge Wimberly and Judge Workman retired.
The railroad appealed to the Supreme Court. The Supreme Court, which agreed with the Court of Appeals that a new trial should not have been granted by Judge Wimberly and that the suit should not have been dismissed by Judge Workman, now returns the case to the Knox County Circuit Court with directions for a new jury to determine the proper amount of damages for Mr. Payne’s widow. The ruling reinstates the original jury’s finding of negligence and negligence per se by the railroad but entitles each party to a new hearing confined to the issue of damages.
To read the opinion in Anne Payne v. CSX Transportation, Inc., authored by Justice Gary R. Wade, visit the Opinions section of TNCourts.gov.