Georgia Supreme Court Reinstates Federal Personal Injury Claims Against Norfolk Southern

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Personal injury claims, such as those arising from car or truck accidents, normally fall under state law. There are some special situations in which federal law may come into play, however. For example, if a railroad employee is injured in the course of his or her work, the employee can sue the employer under the Federal Employers’ Liability Act (FELA).

Norfolk Southern Railway Co. v. Hartry

The Supreme Court of Georgia recently addressed a case involving the FELA, Norfolk Southern Railway Co. v. Hartry. This particular lawsuit arose from a June 2010 accident at a public railway-roadway crossing. The plaintiff was working as an engineer on a Norfolk Southern train.

The train approached the crossing. At the same time, another man was driving his 28-foot-long truck through the crossing. The gates had been down, but according to multiple witnesses, a number of drivers had traversed the crossing anyway because nobody saw a train coming. One witness testified that he “had traversed the crossing at least 15 to 20 times over the course” of the two days surrouning the accident. Apparently, the gates had been down for an extended period of time, even when no trains were approaching.

Unfortunately, the plaintiff’s train came through the crossing and collided with the 28-foot truck. The plaintiff sustained serious injuries in the accident. He subsequently sued the truck driver in Georgia state court, as well as Norfolk Southern. The plaintiff brought both state-law and FELA-based claims against the railroad. Essentially, the plaintiff alleged the crossing gates had malfunctioned as a result of Norfolk Southern’s negligence.

The trial court dismissed the FELA claims against Norfolk Southern, holding that the plaintiff’s arguments were “precluded” by another statute, the Federal Railroad Safety Act. The trial proceeded on the plaintiff’s state-law claims, however, and a jury returned a verdict in his favor. The plaintiff still appealed the trial court’s decision to dismiss the FELA claims.

The Georgia Supreme Court, affirming an earlier ruling by the state’s Court of Appeals, agreed with the plaintiff that the trial judge incorrectly applied the law. As the Supreme Court explained, FELA permits railroad employees to sue a railroad for negligence, which is defined by “statute and federal and common law.” The FRSA grants the U.S. Secretary of Transportation the authority to adopt uniform railroad safety regulations to “supplement” existing laws and regulations, which include the FELA. Unlike FELA, the FRSA does not create a “private right of action,” i.e., it does not permit employees to sue railroads directly for violations.

Although the FRSA does contain a clause preempting any conflicting state laws, that did not apply here, the Supreme Court said, because the FELA and FRSA are both federal statutes. Nor did the FRSA regulations “preclude,” or conflict with the plaintiff’s FELA lawsuit, as both laws were designed to promote railroad safety and reduce accidents. More to the point, the Court said it was possible that a “a railroad’s conduct may comply with FRSA regulations, yet still fall below the level of ordinary care expected of a reasonable person” under the FELA.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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