Seal V. Norfolk Southern Railway Company (Tv1)

Case Background

On November 11, 2020, Douglas D Seal filed a lawsuit against Norfolk Southern Railway Company. This action was filed under the Federal Employers’ Liability Act (“FELA”) to recover damages for personal injuries sustained by Seal.

It was filed in the United States District Court, Tennessee Eastern (Knoxville). This case was assigned to District Judge Thomas A. Varlan and referred to Magistrate Judge Jill E McCook. [Case number: 3:20cv462]

Cause

Plaintiff Douglas Seal resided in Knoxville, Knox County, Tennessee. Defendant, Norfolk Southern Railway Company, operated as a freight transportation corporation throughout Tennessee and other states. Its main offices were located in Norfolk, Virginia.

During the events in question, Douglas Seal worked as a carman for Norfolk Southern. In this role, he was responsible for inspecting, maintaining, and repairing railcars. The injuries described in this complaint occurred while he performed these duties.

Norfolk Southern operated as a common carrier of freight and was involved in interstate commerce. Both Plaintiff and Defendant engaged in activities that significantly impacted interstate commerce.

While employed as a carman, Plaintiff faced negligence from Defendant. He was instructed to work under unsafe conditions and with inadequate tools and equipment. This included tasks involving strenuous overhead lifting and manually moving heavy items. Additionally, he had to perform these tasks for extended periods without adequate breaks. The work environment often consisted of uneven ballast, complicating his ability to maintain proper body mechanics and increasing the risk of injury.

In early April 2018, Plaintiff was required to handle heavy rail jacks throughout the yard. This task involved dragging the jacks and using them in areas not designed for such work. He was forced to jack railcars on loose, unsecured rock, further jeopardizing his safety.

Injury

As a result, Plaintiff experienced intense pain in his right arm and shoulder. This pain stemmed, at least in part, from Norfolk Southern’s negligent acts or omissions. Consequently, Plaintiff underwent treatment for these injuries starting in late April 2018.

Due to the injuries he sustained, Plaintiff suffered physical pain. Additionally, he experienced mental anguish, worry, and anxiety related to his condition.

Damages

Plaintiff suffered injuries to his right arm and shoulder, which are permanent. He likely would continue to experience these injuries for a long time, possibly for the rest of his life. Due to the incidents described earlier, he faced permanent physical impairment and a loss of enjoyment in life.

The nature of his injuries caused Plaintiff significant physical and mental pain, suffering, and anguish. He would probably endure this pain for the remainder of his life.

Before these injuries occurred, Plaintiff was an able-bodied man. He could perform heavy, strenuous manual labor and did so while working for the Defendant. If he had any pre-existing issues with his right arm and shoulder, those conditions were aggravated and accelerated by the trauma he experienced on Defendant’s property.

Moreover, Plaintiff stated that his ability to work in the future had severely diminished due to Defendant’s negligence. As a result, he suffered a decrease in his potential earnings. He also expected to incur future medical expenses, although the exact amount remained undetermined.

Due to the Defendant’s negligence, Plaintiff experienced several damages:

a) He incurred past medical expenses and would continue to face future medical costs.
b) He lost wages in the past and anticipated further loss of earnings, affecting his future earning capacity.
c) He experienced a loss of bodily function in the past and expected to face more loss in the future.
d) He endured physical and mental pain previously and would continue to suffer in the future.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Douglas D Seal
    • Counsel for Plaintiff(s): Charles Edward Sorey, II | James Ross Ferguson | William B Hicky
  • Defendant(s): Norfolk Southern Railway Company
    • Counsel for Defendant(s): Emily L Herman-Thompson | John W Baker, Jr

Claims

Under FELA, Defendant Railroad held a continuous, nondelegable duty to ensure a reasonably safe workplace for its employees, including Plaintiff.

Plaintiff alleged that Defendant, through its agents, servants, and employees, violated FELA and acted negligently in several ways:

First, the Defendant failed to provide Plaintiff with a safe working environment. Second, it did not offer safe methods for completing tasks. Third, Defendant neglected to supply necessary supervision for Plaintiff while he performed his duties.

Additionally, the Defendant allowed unsafe practices to become standard. It required Plaintiff to work in ways that contradicted known safe practices, which Defendant should have recognized posed a higher risk of injury.

Moreover, Defendant failed to provide Plaintiff with safe and suitable equipment, tools, and machinery necessary for his tasks. It also did not ensure sufficient manpower or supervision to perform the job safely.

Defense

The Defendant denied liability for the alleged violation of FELA and negligence. They argued comparative negligence and claimed that the complaint was barred under the Three-Years Employer’s Liability Act Statute of Limitations, or otherwise time-barred.

Jury Verdict

On September 13, 2024, the Tennessee jury found the Defendant Norfolk Southern Railway Company liable for negligence. The jury awarded Plaintiff Seal $330,000 in damages. The breakdown of the amount is as follows:

  • Past lost wages: $30,000
  • Past physical pain and suffering, mental anguish, and loss of enjoyment of life: $300,000

On September 19, 2024, Judge Thomas A. Varlan passed a judgment consistent with the verdict.

Court Documents:

Available upon request