Louisiana & Arkansas Railway Company v. Randall Dean Capps

Louisiana & Arkansas Railway Company appeals from a judgment in favor of Randall Capps, who had sued under the Federal Employers Liability Act for damages resulting from injuries he sustained while working for the Railway. The Railway complains that the trial court erred in failing to instruct the jury on how to reduce damages to their present value and in allowing improper jury argument. It further contends that the trial court erred in refusing to grant a remittitur. We conclude that the trial court committed no error with respect to conducting the trial, but that based on the evidence, its refusal to suggest a remittitur was error. We therefore indicate to Capps, through his attorney, that he may file a remittitur for the excess damages awarded for future physical pain and mental anguish. If the suggested remittitur is filed, we shall reform and affirm, otherwise the judgment will be reversed.