This section contains the nature of the case and procedural background.

Morgan (P) was employed by D as a railroad brakeman and conductor. P fell while alighting from a railroad car and suffered a permanent injury to his back. He returned to work in February 1979 in the less physically demanding position of radio and supply clerk. P brought a FELA action in the Court of Common Pleas alleging that his fall was attributable to D's negligence. He claimed that his future earning power had been impaired as a result of his injury because he could not obtain certain incentives and shift differential payments in his new position. The trial judge refused to instruct the jury that any damages awarded for loss of future earnings would have to be reduced to present value. She informed the jury that 'the law now provides that there need not be such a reduction and she applied the so-called 'total offset' method.' Under state law, 'as a matter of law . . . future inflation shall be presumed equal to future interest rates with these factors offsetting.' The jury found in favor of P and awarded damages of $125,000. The trial judge assessed an additional $26,712.50 as prejudgment interest pursuant to Rule 238 of the Pennsylvania Rules of Civil Procedure. The Pennsylvania Superior Court and its Supreme Court affirmed. D appealed.

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