Jury awards ex-Norfolk Southern worker $4.5 million

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The Associated Press
© February 23, 2012

ROANOKE

A Roanoke jury has awarded $4.5 million to a former Norfolk Southern Corp. employee who became disabled after tripping on a cross tie along tracks at a terminal.

Former conductor and brakeman Welsh Davis tore a tendon in his ankle after tripping while working in 2008. His attorney argued that weeds that had grown around the tie obstructed Davis' view and created an unsafe workplace. The injury left him unable to work and in almost-constant pain.

Because railroad employees aren't covered by workers' compensation, on-the-job accidents fall under the Federal Employers Liability Act. Under the act, employees must prove that the railroad's negligence led to the injury.

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Don't comment unless you know all the facts

Submitted by UseUrHead on Tue, 02/28/2012 at 2:51 pm.

We trust a jury of our peers to decide complex litigation issues and make "informed" decisions after hearing "all the facts" of the case. For those of you that think this man hit the lottery I guarantee that he would give it all back if he could turn the clock back and restore his health to the position it was in prior to the accident. Furthermore, for all who want to blame the lawyers stop and use your head for a minute...who past this law? That's right Einstein your politicians and they are the same ones that can change the law so ask your congressman or senator why they haven't done so if this award bothers you. Try educating yourself before ranting about someone's misfortune and the award a jury of your peers awarded.

How can you say it was egregious

Submitted by surfcaster on Fri, 02/24/2012 at 11:25 am.

So many injured railroad workers get next to nothing for their injuries and they have to work in terrible conditions while NS made 2 billion(almost 3) in profit last year. I doubt they will be going out of business. And all you know about this man is a couple paragraphs you read in an article, while the jury heard a week worth of evidence from both parties involved and rendered the fairest verdict they could after being instructed on the law by a judge. And I read the man had Complex Regional Pain Syndrome, which is an excrutiating condition,can hardly walk, and can't do his job anymore, and he has a family to take care of. Also, the jury system is the best legal system in this world. RR workers need good legal representation.

Complex Regional Pain Syndrome?

Submitted by camper on Fri, 02/24/2012 at 6:16 pm.

That's a good one. Maybe the ambulance chasers will soon be using that on their television commercials "du jour."

oop's no spell check,

Submitted by DONO on Thu, 02/23/2012 at 4:53 pm.

oop's no spell check, "suing" sorry...

4.5 million for a torn

Submitted by DONO on Thu, 02/23/2012 at 4:51 pm.

4.5 million for a torn tendon,I don't know how the railroads stay in buisness there are local law firms here in town that make or have made their entire careers at sewing the railroad..Should have sewed in Portsmouth would have been 20 million...

You Are Right

Submitted by camper on Thu, 02/23/2012 at 5:30 pm.

But this verdict undoubtedly will be reversed or the payout greatly reduced. This is an egregious example for sure, but these law firms game the system just as though they are playing slots at a casino or buying lottery tickets. They carefully select juries that are most likely to resent large corporations and delight in the prospect of going after their "deep pockets."
The system is antiquated and should have been changed years ago.

Snake eyes for the snakes = justice.

Submitted by Ptown13 on Fri, 02/24/2012 at 2:00 pm.

News flash, Camper, both sides are involved in jury selection. You act as if the plaintiff got to hand pick the jury all by himself.

And who's really playing the system: law firms who represent injured workers, or railroads who don't provide a safe workplace and then refuse to deal fairly with an employee who was hurt by their negligence?

It seems to me Norfolk Southern was the one "rolling the bones" here. It's one thing to gamble with your own money, and another to gamble with a man's life.

Reality Check

Submitted by camper on Fri, 02/24/2012 at 6:13 pm.

You are the one who needs the news flash.
You know very well that you are engaging in a charade if you deny that
p. i. lawsuits in Roanoke are nothing more than "jackpot justice." You need to get out and see what's going on in the real world.
By the way, let's chat again when the verdict is reversed or the payout reduce, one of which will surely happen.