Punitive Damages under Federal Statutes: A Functional Analysis
Year: 1972
Type: article
Abstract: deficiencies and that the crane had been left in use even after the fatal accident.:'The trial court instructed the jury that it could award punitive damages if it found the railroad guilty of "wilful, wanton or reckless disregard of the safety of John Kozar."' 14 The jury awarded nearly $120,000 in compensatory damages on the wrongful death action, $500 for John Kozar's fright and suffering under the survival action, and $70,000 in punitive damages.' 5 Contending that punitive damages were not available under FELA, the defendant moved for a new trial.The court denied the motion, although no federal court had ever upheld a punitive award under FELA since its passage in 1908.The court felt, first, that a common law action for punitive damages survived the passage of the Act because the Act was designed merely to remove certain common law obstacles to recovery and was not intended to constrict remedies.As an additional basis for the award, it postulated but did not rely on a statutory purpose to promote railroad safety, suggesting that punitive awards would further this goal.The Kozar rationale is not entirely without foundation.The legislative history shows that FELA's principal thrust was against courtcreated defenses that "[put] the entire burden of loss to life or limb upon the victim or the victim's family. . .."Thus, the Act eliminated the assumption of risk doctrine' 7 and fellow servant rule,' s voided contractual releases from liability,' 9 and reduced contributory negligence to mitigation of damages. 2 0 There was no attempt to circumscribe previously existing common law remedies. 2' 13.Mrs. Kozar proved that management perso.nelhad witnessed previous failures of the crane, and produced a letter written by the defendant's car superintendent for its northern region to her husband discussing the crane's failings.320 F. Supp
Source: California Law Review
DOI: 10.2307/3479627
Author: Richard Marcus
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W4240901669