ILER v. CSX TRANSPORTATION, INC., 209 Ga. App. 653 (1993)

434 S.E.2d 499

ILER v. CSX TRANSPORTATION, INC.

A93A0709.Court of Appeals of Georgia.
DECIDED JULY 2, 1993. RECONSIDERATION DENIED JULY 21, 1993.

BIRDSONG, Presiding Judge.

Darrell L. Iler appeals from a judgment in his favor in a claim under the Federal Employer’s Liability Act (FELA), 45 U.S.C. § 51
et seq., against CSX Transportation, Inc. He contends the trial court erred by charging the jury, over his objection, that damages for future pain and suffering must be reduced to present value and by refusing to consider his objections based on hearsay to a physician’s deposition testimony. Held:

1. The trial court erred by instructing the jury to reduce any award for future pain and suffering to present values. Neither federal law (Purdy v. Belcher Refining Co., 781 F. Supp. 1559, 1563 (SD Ala. 1992), citing O’Byrne v. St. Louis Southwestern R. Co., 632 F.2d 1285, 1286 (5th Cir. 1980)) nor the law of this state (CSX Transp. v. Barnett, 199 Ga. App. 611, 612
(405 S.E.2d 506)) allows such a charge. Moreover, as we cannot measure the prejudicial effect of the charge the judgment must be reversed. The cases cited by CSX concerning reduction of future pecuniary losses to present value are inapplicable here.

2. In view of Division 1, we need not address the errors asserted in the other enumerations of error as the issues on which they are based are unlikely to recur in any retrial of the case.

Judgment reversed. Pope, C. J., and Andrews, J., concur.

DECIDED JULY 2, 1993 — RECONSIDERATION DENIED JULY 21, 1993.
Action on employment. Ware State Court. Before Judge Peavy.

Taylor Harp, J. Sherrod Taylor, Jefferson C. Callier, for appellant.

Jordan O’Donnell, Randall A. Jordan, Rita C. Spalding, for appellee.

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