
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, February 16, 1991                   TAG: 9102160276
SECTION: VIRGINIA                    PAGE: A6   EDITION: METRO 
SOURCE: BILL BYRD LANDMARK NEWS SERVICE
DATELINE: RICHMOND                                LENGTH: Short

RAIL SUIT LOOPHOLE MAY CLOSE

Amid some of the most vigorous lobbying of any recent legislative session, a House committee on Friday endorsed closing a loophole in state law that has allowed railroad damage suits from all over the eastern United States to flood into Hampton Roads courts.

The House Courts of Justice Committee voted 13-5 for a bill that would allow Virginia judges to dismiss lawsuits filed by non-residents injured outside the state.

CSX Corp. and Norfolk Southern Corp., Virginia's two major railroads, strongly supported the bill, arguing it would slam the door on lawsuits filed against them in Norfolk and Portsmouth by injured workers from many different states.

A handful of Hampton Roads law firms, particularly the Portsmouth partnership headed by former state Sen. Willard Moody, specialize in railroad injury cases. Moody, whose successful practice is built on railroad cases, hired several lobbyists, including two former delegates, to oppose the bill.

After the House committee's vote, Moody said the bill was likely to become law but that he would challenge it in federal court. "I think it's unconstitutional," he said.

The rail lines began a push to change the law two years ago after they lost a Virginia Supreme Court decision challenging it. Three dissenting justices termed Portsmouth a "happy hunting ground" for railroad workers in search of large judgments.

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by CNB