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

DATE: TUESDAY, May 18, 1993                   TAG: 9305180339
SECTION: EDITORIAL                    PAGE: A-4   EDITION: METRO 
SOURCE: 
DATELINE:                                 LENGTH: Medium

RAILROAD JURY WAS OUT TO LUNCH

There, a jury last week awarded $500,000 to a former Norfolk Southern employee who had hurt his neck on the job.

Poor guy. Joseph Stover was pulling the lever on a railroad track device called a derail when he felt a twinge in his neck. He later felt pain and numbness in his left hand, and doctors say he has osteoarthritis and something called mild facial pain syndrome.

Because of the injury, Stover won't be able to work for the railroad anymore. But, then, it didn't want him back, anyway. He was fired for a long history of safety violations and accidents.

Were Stover's misfortunes the fault of the railroad? His lawyer succeeded in convincing a jury that they were based on these facts:

A C&O Railroad retiree who had had experience 20 years ago installing and maintaining derail devices testified that Stover was injured because the railroad had failed to lubricate the lever.

Other NS workers, though, testified they had had no problem working the derail. Four went out the evening Stover reported his injury and operated it 25 times - each. One hundred pulls, and it worked properly every time.

Evidence also was submitted showing the device was only six weeks old, and had been lubricated at the time of manufacture. These devices are inspected every 30 days, and this one had been used almost daily by train crews who are supposed to report any problem. None was reported - before Stover's injury, or since.

Why should this guy get a nickel, much less half a million dollars?

Oh, you say, why not? Norfolk Southern has lots of money, and this guy doesn't. Or didn't, rather.

As a jury foreman said in another case against NS - this one brought by a man who was awarded $250,000 for falling out of his chair: "Every time you turn around you're reading about the profits that Norfolk Southern is producing. The jurors are saying, `It's deep pockets, so why not give it to the little guy?' "

They are deep pockets, all right. So deep they reach right down into yours and mine. Huge settlements lead to rising insurance rates, which are added, of course, to the prices consumers pay for everything. Part of the cost of everything we buy that is shipped by rail goes to paying these settlements and awards, plus the huge legal expenses involved in defending against them.

Which isn't to say that none of the costs are justified. A worker who suffers serious injury because of the dangers of his job or the negligence of his employer certainly should be compensated for medical expenses, financial losses and the damaging impact on his lifestyle.

Awards such as that made in the Stover case, on the other hand, reflect a cynical lack of regard for fairness. In our judgment, if there were fewer trial lawyers among the legislators who devise the rules governing such cases, Stover's attorney might be less wealthy - but the public would be far better off.