(The Associated Press circulated the following article on January 10.)
WASHINGTON — The Supreme Court on Wednesday gave Norfolk Southern Railway Co. another opportunity in its effort to reduce a $1.5 million jury award to an injured worker.
In a 9-0 decision, the court agreed with the railroad that the same legal standard applies to railroad negligence as to contributory negligence by employees under the Federal Employers’ Liability Act.
During a civil trial in Missouri, lawyers for the railroad objected to the jury instruction for employee contributory negligence, saying it provided a “different” and “much more exacting” standard for causation than the jury instruction for the railroad’s negligence.
The Supreme Court returned the case to Missouri courts for further proceedings.
Timothy Sorrell had sued the railroad in Missouri state court after he suffered neck and back injuries. He said the dump truck he was driving tipped on its side on a gravel road next to the tracks.
Sorrell said the railroad failed to provide him a reasonably safe place to work. Norfolk Southern said Sorrell’s own negligence caused the accident.
The case is Norfolk Southern v. Sorrell, 05-746.