CSX Transportation, Inc. v. Pitts’s Empirical Analysis
2013
Citation profile
1 federal appellate · 1 district · 11 state decisions
Relationships
Applies 45 U.S.C. § 51 (Federal Employers' Liability Act) · 45 U.S.C. § 56 (Federal Employers' Liability Act) · 49 U.S.C. § 20101 (Federal Railroad Safety Authorization Act of 1994)
Relies on CSX Transportation, Inc. v. Easterwood · Kernan v. American Dredging Co. · Eichel v. New York Central Railroad · Jamison v. Encarnacion · St. Louis Southwestern Railway Co. v. Dickerson
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Use of industry statistics about average retirement age in this context is not evidence of other compensation the plaintiff would receive for the same damage, but rather, evidence that shows that the full amount of lost wages claimed by the plaintiff may not exist. In other words, the tables may cast doubt on a plaintiffs statement that he would work until a certain age, and thus suggest to the fact-finder that the lost wage claim was exaggerated.... Although the collateral source rule bars evidence of disability and retirement benefits, a defendant railroad should not be defenseless against the plaintiffs “1-2 combo” — self-serving testimony about his retirement plans and expert projections about damages based on that testimony. Moreover, it would be unfair to allow the plaintiff to clothe his own prediction about his retirement date with the protective folds of the economist’s projections about damages, while denying the defendant the right to use cross-examination to cast legitimate doubt on the assumption made by that economist that the claimant would retire at age 68.”
1 later decision quote this exact passage“‘Ballast’ is a technical term used by the railroad industry to denote, what would otherwise be commonly known as, crushed rock.”
1 later decision quote this exact passage“in diameter. Small ballast — also termed walkway ballast or yard ballast— ranges in size between approximately 3/8”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.