High Courts Rules on Railroad Negligence

Rick Patterson

Attorney

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In the case of Norfolk Southern v. Sorrell, 05-746, Timothy Sorrell was awarded $1.5 million by a jury in Missouri state court.

Mr. Sorrell claimed the railroad failed to provide him with a reasonably safe place to work. He suffered neck and back injuries when the dump truck he was driving fell on its side on a gravel road. However, Norfolk Southern claimed that it was Sorrell's own negligence that caused the accident. In a 9-0 decision, the court agreed with the railroad and stated that the same legal standard applies to railroad negligence as to contributory negligence by employees under the Federal Employers' Liability Act. The Supreme Court returned the case to Missouri courts on Wednesday for further proceedings.