As read in The Roanoke Times, a former railroad worker that was crippled following a misstep when weeds had covered over a crosstie he would have avoided if seen, was awarded $4.5 million in a personal injury lawsuit.
W.D., injured in 2008 with a torn tendon, is permanently disabled. He had previously worked for the railroad as a conductor and brakeman.
The trial, lasting one week, resulted in a jury ordering Norfolk Southern Corporation, NS, to pay the multi-million award to W.D. Workers Compensation does not cover workplace railroad injuries.
The payout is considered one of the largest made in Roanoke County’s recent history.
In 2008 W.D. walked along the tracks in the material yard of the Roanoke terminal using a remote controlled device to couple freight cars. His attorneys, Will Moody and Mike Davis, contend that during W.D.’s walk he tripped on a crosstie.
The crosstie had steel racks on top of it and was located approximately three feet away from the tracks.
Because weeds, per the attorneys, had not been cut away from the crosstie to reveal its presence, the railroad presented an unsafe workplace.
Following the trip, W.D. landed in a depression in the ground and was further injured when his right ankle rolled and tore a tendon. Two surgeries were required but W.D. developed regional pain syndrome.
The result of his regional pain syndrome left W.D. permanently disabled and in continuous pain.
Moody said that his client “can barely walk, and when he does, it's with a cane.”
Railroad workers are not covered by worker’s compensation. Any on-the-job injuries require proof of railroad negligence to fall under the Federal Employers Liability Act.
Other awards, to victims in similar railroad workplace accidents, have been paid at $4.7 million, $2.6 million and $250,000.
NS spokesman Robin Chapman commented, “We are disappointed in the result, and we are considering all of our options.”
Court records show that NS said that W.D.’s injury was partially due to his own negligence. Witnesses that the railroad called up claimed that it was a different crosstie, one that wasn’t obstructed with weeds that W.D. actually tripped over.
W.D. contended that the crosstie was hidden by weeds waist-high. Furthermore, in order to do his job, he had to take the obstructed path. His attorneys also argued that the remote control device he wore had to be strapped to his chest – which further obstructed the view of his own feet.
The damages sought, $5 million, were tabulated to include lost wages and benefits, as well as pain and suffering.
Moody added that the pain and suffering also extended to W.D.’s wife and children, saying, “It was devastating to his family life. You can't take a pill to make that feel better. It's the kind of pain that hurts to your soul.”
If you have been injured contact a personal injury lawyer to determine if you have a case of personal injury and determine the amount of damages to seek.