Norfolk & Western Railway Co. v. Ayers
Retired employees of railroad brought an action under the Federal Employers’ Liability Act (FELA) against their former employer for workplace exposure to asbestos and other dusts. The railroad moved for judgment as a matter of law or, in the alternative, for a new trial or remittitur with respect to a jury verdict awarding emotional distress damages. The trial court denied the motion.
Questions Presented:
1. Was it error for the court below, in conflict with decisions of federal courts of appeals, state supreme courts, and prevailing common-law principles, to award emotional distress damages under
the FELA Act to retired employees who alleged workplace exposure to asbestos and other dusts, but who presented no evidence of physical manifestation or other corroboration of injury related to
their alleged fear of cancer?
2. Was it error for the court below, in conflict with decisions of federal courts of appeals, state supreme courts, and evolving common-law principles, not to apportion damages under the FELA among
tortfeasors?
Decision under Review (none; unpublished decision)
