Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, March 1, 1994 TAG: 9403010144
SECTION: VIRGINIA PAGE: B-3 EDITION: METRO
SOURCE: ADRIENNE PETTY STAFF WRITER
DATELINE: MARTINSVILLE LENGTH: Medium
"It is my opinion that this is a case that should settle," he said.
Williams said he will order mediation. If that fails, he will order a mandatory settlement conference.
Two lawsuits seeking a total of $24 million were filed against NS after two Henry County teen-agers were killed on a Martinsville railroad trestle in August 1992.
During Monday's hearing, Williams approved a defense motion to reduce the amount of punitive damages the plaintiffs can collect to $350,000 and took under advisement whether he will even allow them to claim punitive damages.
But the damages the families of Charles Barker, 13, and Earl Adams, 14, seek to collect still are in the millions.
They claim NS should have sounded a warning whistle and should have cleared brush from the approach to the trestle.
If the parties are unable to settle, the trial is set for Oct. 31 through Nov. 11.
The suggestion of working toward a settlement followed half a day of arguing pretrial motions filed by the defense, mostly to limit the amount and scope of evidence.
Attorneys for the railroad sought to limit evidence the plaintiffs want to use to establish that the railroad was negligent.
Among the motions were ones to limit testimony that establishes frequent pedestrian use of trestles, to divide the testimony on evidence concerning use of the trestle so as not to taint the trial, and to remove two reports as evidence.
The defense also submitted a motion for a summary judgment.
Williams denied all of those motions, but he took under advisement the removal of a State Corporation Commission report that railroad attorney Les Hagie argued was a recommendation about a specific bridge, not the Martinsville trestle.
Keywords:
FATALITY
by CNB