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Illinois Central Railroad Company11/4/1999
treating psychologist as well as improperly excluded the railroad's proffered evidence to complete Gandy's medical and behavioral history.
. However, there are other problems with the $400,285 lost income portion of the verdict. Because of the denial of certain defense expert testimony, the railroad was unable to show the other factors, such as drug use, that contributed to or were the primary reasons for Gandy not being able to work.
. In addition, the trial court erred in not excluding the testimony of Gandy's psychologist or, at the least, in not granting Illinois Central a continuance because of Gandy's late and incomplete discovery response supplementation concerning the psychologist's trial testimony.
. The jury verdict of $750,000 appears to be primarily based upon the testimony of Gandy's treating psychologist, Dr. Bell, whose diagnosis was that Gandy suffered from post-traumatic stress disorder (PTSD). Dr. Bell testified that this diagnosis requires that a psychologist review a patient's life over an extended period of many years and that a complete and extensive personal history is also required. Both Gandy and Dr. Bell were allowed to testify in great detail to favorable facts encompassing many years of Gandy's life which supported Gandy's PTSD condition. Dr. Bell's diagnosis was not based on objective findings, but rather was solely based upon Gandy's history as related to Dr. Bell by Gandy. Gandy's life history as told to Dr. Bell was certainly far less than candid.
. Illinois Central, well aware of Gandy's complete history, wanted the jury to be so informed. However, the jury was not allowed to hear evidence from Illinois Central which would have attacked Gandy's credibility. Nor was the jury privy to testimony which would have possibly weakened significantly the foundation for Dr. Bell's diagnosis and his ultimate opinion that Gandy suffered from PTSD due solely to his involvement with train accidents while employed with the Illinois Central Railroad. The first of these accidents occurred in 1969, some twenty-eight years prior to trial of this case, and the jury was allowed to hear this evidence and its importance to Dr. Bell's opinion. The majority writes that "evidence of drug charges and a related job suspension that occurred more than twenty years ago is hardly relevant to the symptoms Gandy has experienced since the 1994 train wreck." The majority ignores the proffered testimony of Dr. Bell as well as Gandy's obvious failure to tell Dr. Bell the truth about his personal history.
. Illinois Central believed that Gandy's long history of drug abuse was extremely important in developing the proper diagnosis of Gandy and what effect drug use had upon his inability to work. In 1971 Gandy was charged with possession of marijuana and unlawful possession of LSD with intent to sell. He pled guilty to possession of LSD and marijuana. In 1972 Gandy was charged and convicted of manufacture and possession of marijuana, and he was dismissed from his job at Illinois Central. On the date of this train accident in the case at bar, as required by federal law, all of the employees on the train involved were subjected to drug screens. The results of the drug screen test showed that marijuana metabolites (THC) were found in a urine sample taken from Gandy. In his deposition, Gandy testified that he had not actually smoked marijuana for over twenty years. Gandy claimed that on the night before this accident that he was riding in a vehicle with a friend and had merely been "lighting one for a friend." However, Dr. Francis Esposito, a forensic toxicologist, disputed this claim by stating in his deposition that the level of THC in Gandy's body could not be t
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