It was shown that Norfolk Southern knew by 1985 that various locomotive crews were reporting medical problems and complaining about excessive diesel exhaust. Baker’s exposures were all before 1991, and he had stated before his death that black smoke routinely flooded the engine cab. Baker explained that the engine cabs were usually 20 or 30 degrees warmer than the outside temperature and he had no choice but to open the engine windows, because locomotives at Norfolk Southern at that time were typically oriented for the engineer to operate the engine in the long hood forward position, placing it in front of the engine cab, and the exhaust openings were mounted on the body of the engine, at the top, and this allowed exhaust to trail into the engine cab. There was considerable evidence from a pulmonary expert specializing in diesel exhaust about the connection between Baker’s cancer and the diesel exhaust exposure over the long term. The court also noted that it was appropriate for the jury to consider whether the diesel exhaust fumes were improperly invading the engine in violation of the locomotive inspection act as well as the particular regulation that requires that diesel exhaust only be expelled outside engine cabs. The appeal Court in Georgia agreed that the jury had properly decided the case, but did find a legal error in a jury instruction relating to wrongful death damages, and the jury decision was otherwise upheld on the railroad’s liability for diesel exhaust violations.