December 19, 2007
After a four day trial in Florence County, South Carolina, a jury rendered a defense verdict for CSX Transportation, Inc. (CSXT). Successfully representing CSXT were Ronald K. Wray, II and John R. Bell, Jr. of Gallivan, White & Boyd in Greenville, South Carolina. The case involved a FELA claim by a trackman/conductor, a 22-year railroad employee, who alleged that he sustained cumulative trauma injuries as a result of being required to work on "improper ballast" and uneven surfaces in CSXT's rail yards.
The plaintiff alleged that CSXT had mainline ballast, as opposed to walking ballast, in yard areas where he regularly had to walk and work. The plaintiff sought nearly $1 million in lost wages, in addition to damages for pain and suffering and loss of enjoyment of life.
The defense argued that CSXT safely maintained its yards and complied with its internal rules, as well as industry standards with regard to the maintenance of ballast in its rail yards. In addition, the defense contended that the plaintiff's alleged injuries were due to normal degenerative changes unrelated to his work with the railroad.
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