CSX Transportation, Inc. v. Hensley (2008)
- Docket
- 08-1034
- Decided
- 2008-01-01
Summary
Question: Did the Tennessee Court of Appeals misread and misapply the Supreme Court's decision in Ayers such that a jury instruction should have been provided as to the standard for finding "fear of cancer" damages when CSX requested it? Conclusion: Yes. In a per curiam opinion the Court reversed the Tennessee Court of Appeals, holding that a court must provide the standard for finding "fear of cancer" damages when requested by the defendant. The Court remanded Mr. Hensley's case to the Tennessee state courts for proceedings consistent with its opinion. Justice John Paul Stevens dissented. He argued that based on his reading of Ayers , the Court improperly attempted to play the role of error corrector, when that decision explicated that the jury should be provided discretion when making damages calculations.