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Kansas City Southern Railway Company v. Stokes3/2/2000
Kansas City Southern Railway Company appeals from a judgment finding the Railway negligent under the Federal Employers Liability Act (FELA) and awarding $1 million in damages to Everett Stokes. A jury returned this verdict, and the court rendered judgment in accordance with its findings. On appeal, the Railway contends (1) that the trial court erred in overruling the Railway's objections to superfluous instructions on the Railway's duty; (2) that the trial court erred by instructing the jury directly and unnecessarily on the effect of its answers; and (3) that the combination of the trial court's charge errors magnified their prejudicial effect. We reverse the judgment and remand for a new trial.
Stokes was employed by the Railway as a track welder. On May 23, 1996, he was welding joints in curves on a ten-mile stretch of railroad track where he had obtained a track permit to work. After lunch, Stokes parked his welding truck five ties, or approximately eight or nine feet, in front of the area where he intended to weld. He then began the welding process by thoroughly inspecting the track for moisture. In order to complete this inspection, it was necessary for Stokes to stand directly on the tracks. While Stokes was conducting his inspection his back was to the rear of his welding truck. It was at this point that the accident occurred. The front of Stokes' truck was hit head-on by another vehicle and the back bumper of his welding truck struck him, throwing him approximately ten feet from the point of impact.
The vehicle that caused the accident was a section truck driven by the section foreman, Jerry Wells. Wells was driving the section truck at approximately twenty-five to thirty miles per hour when the accident occurred. Wells testified that he was watching a flock of turkeys near the tracks and that he did not see Stokes or his truck until after the impact. Wells did not apply his brakes or sound his horn. Stokes landed in the area right outside the tracks and immediately suffered lower back pain and shooting pains down his legs.
When FELA cases are brought in state court, federal law governs the substantive rights of the parties and state rules govern any procedural matters. St. Louis Southwestern Ry. Co. v. Dickerson, 470 U.S. 409, 411, 105 S.Ct. 1347, 84 L.Ed.2d 303, 306 (1985); Mitchell v. Missouri-Kansas-Texas R.R. Co., 786 S.W.2d 659, 661 (Tex. 1990). However, no state procedure or rule can interfere or diminish the rights that are given under FELA. See Dutton v. Southern Pac. Transp., 576 S.W.2d 782, 783-84 (Tex. 1978).
In order to comply with Texas' procedural rules for the submission of issues to a jury, Rule 277 of the Texas Rules of Civil Procedure must be followed. Rule 277 requires that issues be submitted in broad form. Tex. R. Civ. P. 277. However, Rule 277 also allows the court to submit instructions and definitions whenever necessary to enable a jury to reach a verdict. Id. The trial court has wide discretion in deciding when these explanatory instructions and definitions are appropriate for submission. Plainsman Trading Co. v. Crews, 898 S.W.2d 786, 791 (Tex. 1995). It has been held that " n instruction is proper if it finds support in any evidence of probative value or in reasonable inferences that may be drawn therefrom, and if it might be of some aid or assistance to the jury in answering the questions submitted." St. Louis Southwestern Ry. Co. v. Marks, 749 S.W.2d 911, 914-15 (Tex. App.-Texarkana 1988, writ denied), citing Badger v. Symon, 661 S.W.2d 163 (Tex. App.-Houston [1st Dist.] 1983, writ ref'd n.r.e.).
The Railway complains that these rules of submission were not followed. It contends that within the charge the
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