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.

Truck-Train crossing collision-back injuries

CASE DESCRIPTION: Rail Conductor/Back Injuries/Train-Truck Crossing Collision

COURT/DATE: Portsmouth, Virginia, Circuit Court, August, 2005

OUTCOME: Jury Verdict of $650,000.00

STAFF:
John C., Attorney
Firm Attorney
Donald Case, Investigator
Rosalyn Hughes, Paralegal

WHAT HAPPENED:

VW, a Conductor trainee, was riding on the side of a railroad car rolling through the Pinners Point Yard in Portsmouth, VA. A hostler truck owned by CSX Intermodal, Inc. pulled onto the track in front of the train. The resulting collision knocked VW off of the side of the car and she hit her back and buttocks on the ballast rock. CSX Intermodal, Inc. is a separate corporate entity different from the VW's railroad employer, CSX Transportation, Inc. VW was treated for a contusion and had low back complaints since the collision date. VW treated primarily with her family doctor, who did refer her for an orthopaedic consult and an MRI.

CSX Intermodal argued that there were no objective symptoms after the initial contusion healed. They argued that the disc protrusion on MRI and the degenerative disc disease shown on x-ray were pre-existing conditions not caused by the collision. CSX Intermodal noted that the train was only moving at 4 mph at the time of the collision, that the drop from the bottom step where she was standing, to the ground, was only a foot and a half, and that she could have dismounted, as the other Conductor did, without incident.

The defense orthopaedist claimed that she had no problem returning to her old job as a Conductor and had no continuing injury caused by this event.

VW attempted to keep her job on the railroad after this injury by working several weeks as a Conductor trainee. Then she switched to a Clerk's position for a couple of more weeks before leaving CSXT. She indicated that she had difficulty doing both of those jobs, but CSX Intermodal, Inc. brought in Railroad supervisors and co-workers who claimed that they did not know that she was having any difficulty. VW rebutted these, to some extent, with other friends and co-workers who confirmed that her back problems continued during that time. At the time of trial, VW was engaged in full-time employment earning more than she had as a Conductor trainee, but suffered from continuing pain. VW's vocational expert testified that she sustained a potential loss of earning capacity of approximately $400,000.00. His testimony was based upon the family doctor's restriction to sedentary work. The defense vocational expert claimed that even with her physical restrictions to sedentary or light work, she had suffered no economic loss.

CSX Intermodal offered only $30,000.00 on the case. The jury deliberated for nearly three hours before returning its verdict.

KEY LEGAL STRATEGY:

We hired a strong "vocational" expert witness to explain that even though the worker earned more since she left the Railroad, her future income potential was decreased by her injury. We worked with the client's doctor to convince the jury that the injury was real and on-going. Interviewing the injured person's family, friends and co-workers to confirm the injury's effect on her life was also critical.

THE RESULTS: A $650,000.00 jury verdict. (Note: the jury verdict was twenty times larger than what the insurer offered just before trial).

Awarded: $650,000.00

About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have experience handling truck wreck cases. Check out our truck accident case results and our free consumer guide on what to do if you get involved in an accident with a commercial truck.

We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia, including Norfolk, Chesapeake, Portsmouth, Suffolk and Newport News, VA, if you've been seriously hurt by someone else's carelessness.

Rick Shapiro and James Lewis have been named to the National Million Dollar Advocates Forum since 2009 and included among the Best Lawyers in America since 2008. Jim and Rick have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of practicing lawyers receive this honor.

In addition, our VA injury law firm was the first in the commonwealth to join Primerus, a select group of highly ethical and respected law firms, and we have the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization. The rating indicates we have a reputation for preeminent legal skill.

While not every injury case meets our criteria, we offer a free initial confidential consultations. Call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a message so we can get back to you.