Downer appeals and CSX assigns cross-error. Consistent with well-settled appellate principles, we state the evidence of liability in the light most favorable to Downer, who has received a verdict in his favor. In the summer and fall of 1991, Amoco employees loaded a liquid solution of sodium hydroxide into tank cars parked on the railroad tracks at its Yorktown refinery.
Sodium hydroxide is a noxious chemical that can become airborne on hot, windy days.
Amoco placed drip pans under the tank cars to contain any sodium hydroxide spills. At that time, Downer became short of breath, spit up mucus, experienced a burning sensation in his eyes, and suffered an injury to his upper respiratory tract by inhaling fumes from the nearby sodium hydroxide. Downer was taken to a hospital, treated for two days, and released to his home for recuperation. Three weeks later, complaining of pain and breathing problems, Downer was hospitalized for an additional eight days. Downer testified that during this hospitalization, he suffered additional stress when a priest administered the last rites to him.