



COURT/DATE: E.D. Tennessee Federal Court/March 2005 HSCL STAFF: Richard N. Shapiro, Attorney; Charles Cunningham, Investigator; Jackie Tilton, Paralegal; Blair Gray, Legal Assistant WHAT HAPPENED: W.C. was in the western part of Virginia working for the railroad when he was assigned the task of "throwing" a derail device. Unfortunately, the method that this railroad had specified for the movement of the derail devices of this type was a very difficult "ergonomic" move on the low back, so it was an improper work procedure. W.C. was hurt even though he followed procedure that the railroad had outlined. W.C. treated with his orthopaedic surgeon who eventually gave him lifting and pushing restrictions that disqualified him from rail conductor work. While W.C. still had residual capability to work at certain lighter duty jobs, there were significant issues about the extent of W.C.'s lost wages as well as issues relating to whether the railroad was responsible for causing his derail injury. KEY HSCL STRATEGY: Our firm located key internal memoranda where the railroad had changed the method of throwing this type of derail immediately after this incident, essentially recognizing that it was an improper and difficult ergonomic movement. After this client injury, the railroad specified a different way that workers were to throw this type of derail device. Because of lack of serious settlement negotiations by the railroad, our law firm sued in Federal Court in Tennessee and soon after the filing of suit, settlement negotiations ensued.
Awarded: The case settled for $333,000.00.
Shapiro, Cooper Lewis & Appleton, P.C.
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757) 460-7776
Fax: (757) 460.3428
Toll Free: (800) 752.0042
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NE NC Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Phone: (757) 460-7776
Fax: (757) 460.3428
Toll Free: (800) 752.0042
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DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
Awarded: The Jacksonville, Florida State Court jury returned a $978,000.00 verdict in favor of TA against the railroad.
Awarded: Several days before court-ordered mediation, the parties arrived at a settlement of $950,000.00.
Awarded: The case was settled for $900,000
Awarded: The case was settled at mediation for $700,000.00
How is the FELA different from, or similar to, workers compensation?