Date Decided: Feb 23rd, 2011

Decided By: Ohio Northern District Court (Federal)

Court: United States District Court for the Northern District of Ohio, Western Division

Citation: 2011 WL 723062


Timothy J. Nitecki ("Nitecki") brought a negligence action
pursuant to the Federal Employers' Liability Act ("FELA"), 42 U.S.C. 56 against his employer CSX Transportation, Inc. ("CSX").

Nitecki worked at CSX's Stanley Yard facility in Walbridge,
Ohio. While repairing a railroad brake retarder, Nitecki suffered an injury to his
left arm which required three separate surgeries and time away from work.

A jury found both Nitecki and CSX were negligent,
attributing 60% of the fault to Nitecki and 40% to CSX. The jury awarded
$75,000 to Nitecki for past lost wages and $0 for pain and suffering. The award
was reduced to $30,000 to account for each party's portion of fault.

Nitecki filed a Motion for a New Trial in the United States
District Court for the Northern District of Ohio. Nitecki contends that the
jury's award of $0 for pain and suffering goes against the manifest weight of
the evidence, and that the lower court improperly allowed Nitecki's supervisor,
Larry Lewis ("Lewis") to testify to the cause of the Nitecki's injuries.

This Court reviews Nitecki's Motion pursuant to Federal
Civil Rule 59(a). Here, the Court will grant a new trial if the verdict
regarding pain and suffering damages is against the weight of the evidence, and
if there was substantial error in the admission of Lewis' testimony.