1979. He was disqualified for train service by defendant following a November 9, 1979, physical examination in which plaintiff's blood sugar was determined to be high. Following his disqualification, plaintiff contacted defendant's personnel department and hired an attorney to try to get his job back. The personnel and labor relations departments apparently never attempted to accommodate plaintiff, and he has been unable to find a comparable job.
At trial, there was a lot of testimony about the risks associated with diabetes. Defendant's chief medical officer testified that a diabetic with very low blood sugar may go into hypoglycemic shock, while one with a very high level may go into a diabetic coma. The medical officer noted that all diabetics are different and that a person's present ability to doDr. Leach, a specialist in endocrinology and metabolism, testified at his deposition, which was read into the record, that a locomotive engineer should not take insulin. While he agreed with plaintiff's expert that an insulin deficiency will occur over several days and the person would be warned by signs and symptoms, he believed the consequences of a reaction to insulin would be devastating to the train's crew, passengers and bystanders. Following additional testimony, the jury found for plaintiff, and defendant appeals.
On appeal, defendant argues first that the trial court erred in excluding evidence of industry standards and federal regulations regarding the employment of insulin-dependent diabetics.
Plaintiff brought a motion in limine prior to trial to exclude the evidence of the recommended safety standards promulgated by the American Association of