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George O. Aldridge and Daisy M. Aldridge v. Baltimore and Ohio Railroad Company, a Body Corporate v. Keith D. Brelsford and Erie Insurance Exchange

George O. ALDRIDGE and Daisy M. Aldridge, Appellees, BALTIMORE AND OHIO RAILROAD COMPANY, a Body Corporate, Appellant, v. Keith D. BRELSFORD and Erie Insurance Exchange, Defendants

George O. Aldridge & Daisy M. Aldridge v. Baltimore & Ohio R.R. Co., a Body Corporate v. Keith D. Brelsford & Erie Ins. Exch., 866 F.2d 111 (4th Cir. 1989)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
January 26, 1989
Docket
No. 84-1185
Judges
Russell, Widener, Hall, Phillips, Sprouse, Ervin, Chapman, Wilkinson, Wilkins
Citations
866 F.2d 1111989 WL 44941989 U.S. App. LEXIS 604

Opinion of the Court — Sprouse

SPROUSE, Circuit Judge:

This court sitting en banc previously affirmed the judgment of the district court as to liability and damages. Aldridge v. Baltimore & Ohio R.R., 814 F.2d 157 (4th Cir.1987) (en banc) (Phillips, J., concurring; Hall and Ervin, JJ., concurring in part and dissenting in part; Russell, Widener and Chapman, dissenting), cert. granted and judgment vacated sub nom. Chesapeake & Ohio R.R. v. Aldridge, — U.S.-, 108 S.Ct. 2812 , 100 L.Ed.2d 913 (1988). The United States Supreme Court has now remanded the case to us for further consideration in light of its decision in Monessen Southwest Ry. v. Morgan, — U.S.-, 108 S.Ct. 1837 , 100 L.Ed.2d 349 (1988). In our view, Monessen demonstrates that we erred in affirming the district court’s judgment that Aldridge’s damages need not have been adjusted to present value. Once again, we find no reason to disturb the jury’s findings and the district court’s rulings on liability issues, but reverse that portion of the judgment relating to damages and remand it to the district court for a retrial on that issue in accordance with the views of the Supreme Court expressed in Monessen.

Dissent — Chapman

CHAPMAN, Circuit Judge,

dissenting:

I dissent from the decision to remand for a retrial only on the issue of damages. Although the Supreme Court did not discuss liability in Monessen Southwest Ry. v. Morgan, the issues of liability and damages are so intertwined in Aldridge that justice requires that both issues be remanded and that there be a new trial de novo.

*112 I am authorized to state that Circuit Judge WIDENER joins in this dissent.

Combined text as published — syllabus, headnotes and all opinions in one document

866 F.2d 111

George O. ALDRIDGE and Daisy M. Aldridge, Appellees, v. BALTIMORE AND OHIO RAILROAD COMPANY, a body corporate, Appellant, v. Keith D. BRELSFORD and Erie Insurance Exchange, Defendants.

No. 84-1185.

United States Court of Appeals, Fourth Circuit.

Jan. 26, 1989.

George F. Pappas (H. Russell Smouse, Melnicove, Kaufman, Weiner & Smouse, P.A., Baltimore, Md., C. Keith Meiser, Jacksonville, Fla., on brief), for appellant.

Richard R. Beauchemin (Norris W. Tingle, Geoffrey J.C. Boyd, Arnold, Beauchemin & Tingle, P.A., Baltimore, Md., on brief), for appellees.

Before RUSSELL, WIDENER, HALL, PHILLIPS, SPROUSE, ERVIN, CHAPMAN, WILKINSON and WILKINS, Circuit Judges, sitting en banc.

SPROUSE, Circuit Judge:

This court sitting en banc previously affirmed the judgment of the district court as to liability and damages. Aldridge v. Baltimore & Ohio R.R., 814 F.2d 157 (4th Cir.1987) (en banc) (Phillips, J., concurring; Hall and Ervin, JJ., concurring in part and dissenting in part; Russell, Widener and Chapman, dissenting), cert. granted and judgment vacated sub nom. Chesapeake & Ohio R.R. v. Aldridge, --- U.S. ----, 108 S.Ct. 2812 , 100 L.Ed.2d 913 (1988). The United States Supreme Court has now remanded the case to us for further consideration in light of its decision in Monessen Southwest Ry. v. Morgan, --- U.S. ----, 108 S.Ct. 1837 , 100 L.Ed.2d 349 (1988). In our view, Monessen demonstrates that we erred in affirming the district court's judgment that Aldridge's damages need not have been adjusted to present value. Once again, we find no reason to disturb the jury's findings and the district court's rulings on liability issues, but reverse that portion of the judgment relating to damages and remand it to the district court for a retrial on that issue in accordance with the views of the Supreme Court expressed in Monessen.

CHAPMAN, Circuit Judge, dissenting:

I dissent from the decision to remand for a retrial only on the issue of damages. Although the Supreme Court did not discuss liability in Monessen Southwest Ry. v. Morgan, the issues of liability and damages are so intertwined in Aldridge that justice requires that both issues be remanded and that there be a new trial de novo.

1

I am authorized to state that Circuit Judge WIDENER joins in this dissent.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1990: 11991: 11993: 11994: 12001: 12019: 219902026peak 2019 · 2

Relies on it most ⓘ

  1. Lewis v. Ukran248 Cal. Rptr. 3d 839 (2019)
  2. CSX Transportation, Inc. v. Casale441 S.E.2d 212 (Va. 1994)
  3. Lewin Realty III, Inc. v. Brooks771 A.2d 446 (Md. Ct. Spec. App. 2001)
  4. Randall J. Miller v. Union Pacific Railroad Company900 F.2d 223 (10th Cir. 1990)
  5. Failing v. Burlington Northern Railroad815 P.2d 974 (Colo. Ct. App. 1991)
  6. Dixon v. CSX Transportation, Inc.990 F.2d 1440 (4th Cir. 1993)

Most recent

  1. Lewis v. UkranNo. B290128 (Cal. Ct. App. June 26, 2019)
  2. Lewis v. Ukran248 Cal. Rptr. 3d 839 (2019)
  3. Lewin Realty III, Inc. v. Brooks771 A.2d 446 (Md. Ct. Spec. App. 2001)
  4. CSX Transportation, Inc. v. Casale441 S.E.2d 212 (Va. 1994)
  5. Dixon v. CSX Transportation, Inc.990 F.2d 1440 (4th Cir. 1993)
  6. Failing v. Burlington Northern Railroad815 P.2d 974 (Colo. Ct. App. 1991)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Monessen Southwestern Ry. Co. v. Morgan, 486 U.S. 330 (1988) 233
George O. Aldridge & Daisy M. Aldridge v. Baltimore & Ohio R.R. Co., a Body Corporate v. Keith D. Brelsford & Erie Ins. Exch., 814 F.2d 157 (4th Cir. 1987) 7
Chesapeake & Ohio Ry. Co. v. Aldridge, 486 U.S. 1049 (1988) 4

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