Free Reports
Practice Areas
HSInjury Blog 
Railroad Injury/FELA
- Norfolk Southern Required to Pay Multi-Million Dollar Penalty for Accident Releasing Toxic Chlorine Gas
- Teens' Deaths Raise Questions Over Controlling Pedestrian Access to Train Tracks
- Fatal Commuter Train Crash in Belgium Apparently Due to Missing Automatic Braking System
Norfolk-Portsmouth Personal Injury Lawyer 
Virginia Beach Personal Injury Lawyer
Northeast NC Personal Injury Lawyer
Firm News
- FRA and NTSB Cite Fatigue as Contributing to Railroad Accidents
Posted on 3/11/2010 - Attorney Discusses Legal Tactics Railroad Companies May Take in Court
Posted on 3/9/2010 - Attorney Takes CSX to Task Over Forcing Woman to Crawl Under Trains
Posted on 2/18/2010 - Attorney Discusses Norfolk Southern Train Derailment
Posted on 2/2/2010 - Attorney Examines the Battle between Amtrak and Railroad Worker Unions
Posted on 1/20/2010
Library
Railroad Injury/FELA
- Railroad Worker Mesothelioma/Cancers: Learn Where the Toxic Asbestos Was and When the Rail Companies Knew It Was a Problem
- CSX, Norfolk Southern, and Other Rail Companies Looking at “Greener” Engines, but Appear to Neglect Health of Rail Workers.
- Here are some results from our railroad injury and FELA cases. After you've reviewed them, give our firm a call at 1-800-752-0042 for a free case analysis.
This is a list of our firm's case results. 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/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.
West Virginia Supreme Court Reinstates Railroad Engineer’s Mesothelioma Wrongful Death Suit, Ruling Railroad’s Release Of Claims Was Void
The West Virginia Supreme Court reversed a summary judgment ruling in favor of Norfolk Southern Railway Co., and reinstated a Federal Employer’s Liability Act (FELA) mesothelioma wrongful death claim of his widow, Freda Ratliff, in a 5-0 decision handed down on March 12, 2009 (Ratliff v. Norfolk Southern Railway Co, Civil Action No. 05-C-423). The Court ruled that a “separation agreement” release of all claims, known and unknown, that train engineer Ratliff signed 19 years before developing mesothelioma, was void under a provision of the Federal Employer’s Liability Act, section 55, which prohibits railroad efforts to exempt itself from liability. Ratliff attorney, Richard N. Shapiro offered that “on behalf of the Ratliff estate and family, we are grateful that the Supreme Court agreed with our position, that a separation agreement release could not bar a mesothelioma FELA claim, when the disease was first diagnosed 19 years after Mr. Ratliff’s retirement. This terrible asbestos cancer cut short Mr. Ratliff’s golden years, and in a horrible way at that.”
Background:
In April 2005, nineteen years after his voluntary separation from Norfolk Southern as an engineer, Mr. Ratliff was diagnosed with mesothelioma. He died in July 2005. The FELA wrongful death action was filed by Mrs. Ratliff, in her capacity as executrix of Mr. Ratliff's estate, in or around October 2005. Several months before trial, Norfolk Southern filed a motion for summary judgment asserting that the action was barred by virtue of a release that had been executed by Mr. Ratliff in connection with a reduction in force/voluntary separation program NS (then N & W) offered in 1986 to qualified locomotive engineers. Ratliff’s estate filed a cross motion for summary judgment, asserting the 1987 release was void, as violative of 45 USC sec. 55, a provision of the FELA which prohibits writings the exempt railroads from liability.
Ratliff, a Virginia resident who worked in VA and WV, signed the separation papers, which included a release of all claims, known and unknown, in 1987, when he had no pending claim against N &W, and while unrepresented by counsel.
The Court reversed and remanded the Ratliff mesothelioma wrongful death case back to ththe trial court for a jury trial and it is expected that a new trial date will be set in the future.
Freda Ratliff was represented at the trial court, and on brief, by Richard N. Shapiro, of Shapiro, Cooper, Lewis & Appleton, of Va. Beach, VA
Quick Contact
Main Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757) 460-7776
Fax: (757) 460.3428
Toll Free: (800) 752.0042
Get Directions
Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757) 788-8162
Fax: (757) 460-3428
Toll Free: (800) 752-0042
Get Directions
NE NC Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Phone: (757) 460-7776
Fax: (757) 460.3428
Toll Free: (800) 752.0042
Get Directions
We Welcome
Lawyer Referrals
click here
Case Results
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.
Railroad Injury/FELA
- Shoulder Injury requiring surgery for Locomotive Engineer
- Locomotive Engineer with Shoulder and Knee Injuries
- Railroad Conductor gets back injury due to fall in ballast depression
- Railroad conductor/back injury-surgery/Safety Appliance act Violations
- Locomotive Engine Fire causes Rail Engineer right arm and wrist surgery
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
FAQs
Railroad Injury/FELA
- What does Statute 51 of the FELA actually mean?
How is the FELA different from, or similar to, workers compensation?
- I was just diagnosed with cancer or mesothelioma. No one ever told me before that it was connected to railroad work I did many years earlier. Can I still bring a railroad injury or disease claim?