WILLIAM J. DENNING v. CSX TRANSPORTATION, INC. - Articles

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Posted by: Tanja Trezise on Oct 10, 2013

Court: TN Court of Appeals

Attorneys 1:

Christopher W. Cardwell and Mary Taylor Gallagher, Nashville, Tennessee, Andrew E. Tauber, Washington, DC and Kendra L. Smith Canonsburg, PA, for the appellant, CSX Transportation, Inc.

Attorneys 2:

James Bryan Mosely, Murfreesboro, Tennessee and Joshua Leizerman, Toledo, Ohio, for the appellee, William J. Denning.

Judge(s): FARMER

This appeal arises from a jury verdict in favor of Plaintiff in an action filed pursuant to the Federal Employers’ Liability Act (“FELA”). Defendant appeals denial of its motion for judgment notwithstanding the verdict and the trial court’s determination that post-judgment interest is properly awarded in the amount provided by Tennessee Code Annotated § 47-14- 121 and not federal law. On cross-appeal, Plaintiff appeals the trial court’s decision to exclude certain evidence and its determination that post-judgment interest is properly calculated from the date the trial court entered judgment on the jury verdict rather than the date the jury rendered its verdict as provided by Tennessee Code Annotated § 47-14-122. We affirm denial of Defendant’s motion for judgment notwithstanding the verdict and the trial court’s evidentiary decisions. We also affirm the trial court’s determination that postjudgment interest is properly awarded at the rate provided by Tennessee Code Annotated § 47-14-121. We reverse the trial court’s determination that post-judgment interest accrues from the date provided by federal law. We hold that state law controls the calculation of post-judgment interest to be awarded in FELA actions adjudicated in state court.

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