George Hawkes III v. Norfolk & Western

Plaintiff George Hawkes filed an action against his employer, defendant Norfolk & Western Railway under the Federal Employer's Liability Act (FELA), 45 U.S.C. § 51 et seq., for damages as a result of injuries suffered in a fall. After a trial the jury found damages in the amount of $150,500 and assessed 25% fault against plaintiff. On appeal plaintiff asserts the trial court erred in submitting a mitigation of damages instruction. We affirm. Plaintiff was employed by defendant from 1969 until December, 1988. On December 9, 1988 plaintiff, while working as a brakeman, tripped over a wire in a ditch along defendant's tracks and injured his knee. The injury required surgery in October, 1989 and arthroscopic surgery in November, 1990.