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Rail Injury Results

At Steel & Moss LLP, we pride ourselves on preparing every case for trial and trying the case, if necessary, to obtain a fair verdict for our clients. The following are verdicts and results from our matters:

  • Confidential settlement of a Federal Employers' Liability Act (FELA) case involving the death of a 48-year-old railroad employee in South Georgia. We represented the surviving spouse of a locomotive engineer who was killed when his locomotive derailed at night due to a washed out track/roadbed. Debris, including trees and brush cut by beavers, blocked a drainage culvert under the elevated roadbed, creating a large backup of water, which was nearly 20 ft. deep in places. A local property owner reported the condition to the railroad's main office, but no action was taken. The railroad contended that it inspected the track a few days before the accident and found nothing amiss. This was contradicted by local property owners and residents who reported that the water had accumulated to such a degree that it formed a small lake which was frequented by duck hunters.

    We contended that the railroad was negligent in not properly inspecting and clearing its culverts, especially when it had been put on notice of the accumulated water. Other railroads had policies and procedures for locating, inspecting, and clearing culverts. The railroad's track inspector admitted seeing water, but he contended that the water was not a problem because it had not reached the track level. Accumulated water is a hazard to railroad roadbeds because it can seep into and weaken the roadbed, eventually causing the roadbed to washout or collapse, as it happened in this case. The case settled for a confidential settlement after mediation.
  • Norfolk Southern Rwy. Co.: Engineer sustained brain damage when struck and thrown to the ground by a water hose which had been stretched across the main line and was struck by a locomotive. The train dispatcher improperly permitted a train to proceed through the area where another train was receiving water from the hose, which had to be stretched across the mainline track to a siding. Eastern Tennessee $3,000,000 settlement total payout.
  • Norfolk Southern Rwy. Co.: Trainman injured his back attempting to align a railcar drawbar. Atlanta, Georgia Verdict: $1,575,000.
  • Norfolk Southern Rwy. Co.: Trainman injured his back due to a defective cut lever on a railcar. Chattanooga, Tennessee $525,000 Settlement during trial.
  • Norfolk Southern Rwy. Co.: Injured trainman experienced retaliation after reporting injury. Charleston, South Carolina Verdict: $15,000.

Call our offices at 866-551-7480, or reach us online, if you would like to learn more about how we can assist.