Section 42 The Analogy
| Library | Damages 2012 |
The general rule is that damage awards in suits governed by federal law should be based on present value, and this proposition is, for example, applicable to FELA (Federal Employers’ Liability Act), 45 U.S.C. §§ 51 et seq., cases. St. Louis S.W. Ry. Co. v. Dickerson, 470 U.S. 409 (1985).
MAI 8.02 [2010 Revision] applies to FELA actions. This damage instruction states, in part:
If you find in favor of plaintiff, then you must award plaintiff such sum as you believe will fairly and justly compensate plaintiff for any damages you believe plaintiff sustained [and is reasonably certain to sustain in the future] as a result of the occurrence mentioned...
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