Background information about james d newsome

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Explore More. More to Explore. After Newsome was released to return to work without restrictions in June by his treating orthopedic surgeon, Dr.

Jason Roberts, Newsome retained Dr. Roberts as an expert in this case in June Once retained as an expert, Dr. Roberts issued a report in which he opines that as a result of Newsome's injury, he could work anywhere from a minimum of one to two more years and up to fifteen to twenty more years as a mobile mechanic for Wisconsin Central. Relying on Dr. Roberts' report, Newsome's vocational expert, James Jackson, opined that Newsome has a shortened work-life expectancy at his current job.

However, Newsome has already exceeded by one and a half years the minimum estimate about which Dr. Roberts opined. Wisconsin Central advised Newsome, through his counsel, of several open positions at Wisconsin Central, including Yardmaster, Trainmaster, Damage Prevention Officer, and Rail Flaw Detector Assistant Operator, that Newsome is physically qualified to work notwithstanding his injury, and that he is cognitively qualified to work.

Training is available for these positions, to the extent Newsome needs it, and Newsome is aware of this fact. Depending on the position, should Newsome successfully apply and get one of these alternative positions, he will be earning more money than he does as a mobile mechanic. Congress originally enacted the FELA in to create a federal remedy for railroad employees injured on the job by the negligence of their employers.

Kulavic v. Missouri Pacific R. The FELA is a broad remedial statute to be construed liberally in order to effectuate its purpose. Kulavic, 1 F.

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In addition to compensation for pain and suffering, the FELA allows damages for economic harms such as loss of past and future wages and impairment of earning capacity that result from the injury. See, e. Long Island R. Motors Corp. National Railroad Passenger Corp. Further, the parties disagree on the operative case law from other circuits.

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Osb Sister Joan Chittister. Long Island R. But increasingly, forces in the outside world have a greater impact on the future of an organization than internal issues. Others, such as General Electric, Sears, and Motorola developed scanning departments or committees at the same time. International Journal of Tourism Research. Pocket Prayers Max Lucado. Morrison-Saunders A.

Newsome relies principally on two cases from the Third Circuit, Gorniak and Wiles v. New York, Chicago, and St. Louis Railroad Co. Wisconsin Central relies on Fashauer v.

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Metro—North Commuter Railroad, F. However, on close reading, the cases stand for the same proposition and generally agree that Gorniak and Wiles are the appropriate legal standard in these cases. Consolidated Rail Corp. June 11, unpublished. It should also be noted that the Seventh Circuit has favorably cited Gorniak on two occasions as the standard for assessing loss of earning capacity, although not in the context of FELA. See Williams v.

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Pharmacia, Inc. In Gorniak, a materials handler for Amtrak injured his right shoulder lifting a pound cylinder and sued Amtrak under the FELA, claiming that Amtrak's negligence caused his injury. On appeal, the employer challenged the sufficiency of the evidence to support the jury's award for the plaintiff's lost earning capacity. The plaintiff presented evidence from two orthopedic surgeons who testified that the injury resulted in a permanent disability which required him to refrain from activities involving heavy lifting and overhead extensions of the right arm.

When the plaintiff returned to work he was assigned the job of ticket clerk, which paid seven dollars more a day than his pre-injury position. The plaintiff acknowledged that his shoulder injury did not hinder his ability to work as a ticket clerk. Amtrak argued that the evidence provided no reasonable basis upon which to conclude that the plaintiff suffered a loss of earning capacity as a result of his shoulder injury.

Amtrak argued that the plaintiff was fully able to obtain less strenuous employment, noting he was employed with Amtrak in a secure manner and made more money than he did prior to the injury. The Gorniak court stated that:. We read Wiles as allowing a FELA plaintiff to recover a verdict for future lost earning capacity if he has produced competent evidence suggesting that his injuries have narrowed the range of economic opportunities available to him. This means that a plaintiff need not, as a prerequisite to recovery, prove that in the near future he will earn less money than he would have but for his injury.

Rather, a plaintiff must show that his injury has caused a diminution in his ability to earn a living. Such a diminution includes a decreased ability to weather adverse economic circumstances, such as a discharge or lay-off, or to voluntarily leave the defendant employer for other employment.

Wiles also expresses a preference for leaving the resolution of any uncertainty about whether such circumstances will come to pass to a properly instructed jury; a jury that may consider and weigh all the relevant factors and determine what price to place on a narrowing of a plaintiff's economic horizons. In Fashauer, another Third Circuit case, the court of appeals embraced the principles articulated in Gorniak and Wiles and opined that the plaintiff need not call a vocational expert to establish loss of earning capacity. However, the Fashauer court found that the plaintiff produced no competent evidence supporting his claim for loss of earning capacity.

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The court found that the plaintiff failed to provide testimony that he would have difficulty obtaining work with a different employer or that jobs he could do after the injury were less lucrative than his railroad job. Similarly, in DeChico, the Second Circuit utilized the Gorniak and Wiles standard; however, it distinguished Wiles from the case before it on the facts. In DeChico, the court of appeals affirmed the district court's refusal to allow a jury to consider a FELA plaintiff's lost earning capacity claim on the ground that it was too speculative.

However, the DeChico court found that this was not such a case because the plaintiff indicated that he expected to continue in the job he worked at the time of his injury and that he could exercise his seniority rights as a foreman or supervisor if removed from his current position. Applying these cases here, the issue before me is whether Newsome has produced admissible evidence that would support a reasonable jury verdict awarding damages for impairment of earning capacity.

In support of his claim for impairment of earning capacity, Newsome relies on his own testimony and the testimony and expert reports of several expert witnesses. As a preliminary matter, Wisconsin Central challenges the admissibility of each of the expert reports. For the reasons explained below, I need not address Wisconsin Central's challenges at this time. This argument is not without merit. However, Newsome's evidence on the limitations on his future economic potential is distinguishable from those cases in two respects.

First, Newsome's evidence suggests that he is more economically vulnerable than the plaintiff in DeChico. Like the plaintiff in DeChico, who indicated that he expected to continue his job as a shop superintendent, Newsome testified that he planned on doing his job as a mobile mechanic until he cannot do it anymore. However, Newsome lacks the seniority rights of the DeChico plaintiff to protect him during any economic storms or changes faced by his employer.

Similarly, although Wisconsin Central has stated it will have other positions available for Newsome when he can no longer work as a mobile mechanic, and in some of the positions he can even earn more, those positions are not guaranteed.