A jury in Tennessee (TN) awarded Joe Allen, a conductor for Norfolk Southern $1.5 million dollars after Allen filed a lawsuit stating he injured his Coccyx and re-aggravated a low-back injury when a folding chair at work collapsed while he was sitting in it.
Norfolk Southern is a prominent railroad company based in Norfolk, Virginia (VA). They contested the suit by arguing Allen’s injured Coccyx healed in three months and any long-term pain and suffering were associated with his pre-existing back injury. Though, the most astounding proclamation Norfolk Southern made was they were not liable because they are not an “insurer of plaintiff’s safety.”
I wholeheartedly disagree. Working on-and-around railroads can be dangerous with a high risk of occupational injury. The company is most definitely responsible for providing safe working conditions. Norfolk Southern’s argument is also counter to what they state explicitly on their web site: “We put safety first by taking care of the people around us and following the rules.”
Our law firm, where all we handle is injury law, has represented clients hurt in incidences involving Norfolk Southern, so we’re familiar with the company’s strategy in cases of this nature.
Fortunately, the jury saw through Norfolk Southern’s argument and awarded Joe proper compensation for long-term rehabilitation and suffering.
About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.
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Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
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