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Shapiro, Lewis & Appleton

All We Do is Injury Law

Toll-Free: 1-800-752-0042
Phone: 1-757-460-7776

PHONE: 757-460-7776
TOLL FREE: 800-752-0042

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Practice Areas

This is a list of our firm's case results in Virginia (VA) and beyond. We can't guarantee you'll receive the same results, but we can guarantee we'll work tirelessly on your behalf and try to obtain the jury verdict or settlement you deserve.

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

$8.6 Million Jury Verdict for Railroad Worker Wrongful Death Case

Attorney: Richard Shapiro
Paralegal:  Rosalyn Hughes 
Legal Assistant:  Meg Cudden
Investigator: Herb Wooten

Where
: Knoxville, TN

What Happened:
Rick's client was a railroad worker brakeman/switchman who lost his life to lung cancer following a five year battle, after being exposed to
asbestos, diesel fumes, and radiation during his 40 year career as a brakeman/switchman with L & N/CSX, mainly in and around Knoxville, TN. The switchman also worked on asbestos-laden locomotives and inhaled diesel exhaust on switching engines for decades.

The Knoxville jury trial (Winston Payne Estate v. CSXT) lasted about two weeks and the jury deliberated for a full day, before returning their $8.6 million verdict, which is what Rick asked for in his closing statement.

CSXT offered no more than $250,000 to settle the case, and argued that cigarette smoking was the sole cause of his cancer and that there was no valid evidence of the amount or dose of radioactive contamination, asbestos, or diesel exhaust during his work. 

Rick offered 16 witnesses including the treating oncologist, a cancer specialist, epidemiologist, nuclear physicist, industrial hygienists and many factual witnesses. The railroad called numerous opposing industrial hygienists and doctors.

Rick worked on the case for over four years to get justice for his client, and now his surviving widow, and the verdict illustrates Rick's commitment to achieving results, even in complicated occupational disease cases that other attorneys would not accept at the outset.

Awarded: $8.6 Million