(The following story by Gregory Richards appeared on The Virginian-Pilot website on June 5.)
NORFOLK, Va. — Three train workers injured in a violent head-on collision of two CSX Corp. trains in Southampton County in September 2005 separately sued the railroad last week in Norfolk federal court.
The workers — David A. Priester Jr., William H. McCourt and Anthony J. Griffin — are seeking a combined $11.8 million. All were crew members aboard the two trains, which collided near Newsoms.
The workers allege that CSX was negligent, among other reasons, for failing to take the necessary steps to provide a safe work environment.
The men, residents of the Richmond-Petersburg area, suffered serious injuries, including damage to their knees, necks and backs, said their attorney, Richard N. Shapiro of the Virginia Beach law firm Hajek & Shapiro PC. The money is to compensate them for their injuries as well as lost income, according to the lawsuits.
The workers were fired by CSX following the accident, Shapiro said.
Robert T. Sullivan, a spokesman for the Jacksonville, Fla.-based railroad, said Monday he would not comment on the lawsuit or any aspect of it, such as the men’s employment status.
The Federal Railroad Administration determined that human error caused the accident, said agency spokesman Warren Flatau. Mistakes included improper radio communication between the trains and the dispatcher, he said. An initial report by CSX filed with the agency also pointed to poor radio communication as the cause, he said.
A total of six crewmen were involved in the collision, three on each train. At least two of them previously filed suit against CSX, the largest East Coast railroad. Craig S. Shaw of Roanoke Rapids, N.C., is suing the railroad in a North Carolina court for a yet-to-be-determined amount, said Shapiro, who also is handling that case.
Jonathan Harris of Henrico, N.C., settled his lawsuit against the railroad in Portsmouth Circuit Court for a confidential amount in April, said his attorney, Will Moody Jr., a lawyer with Moody, Strople, Kloeppel, Basilone & Higginbotham in Portsmouth.