ROANOKE TIMES
Copyright (c) 1995, Roanoke Times
DATE: Wednesday, December 13, 1995 TAG: 9512130035
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
A former railroad worker from Roanoke who won a $4.7 million verdict for an on-the-job back injury, only to have it reversed by the Virginia Supreme Court, has received an out-of-court settlement.
The agreement was reached this week as Ralph Hodges' lawsuit against Norfolk Southern Corp. was going to trial for a second time.
Lawyers on both sides declined to say how much Hodges received, saying the amount was to remain confidential by court order under the terms of the settlement.
After the first trial in 1993, lawyers said the $4.7 million verdict was one of the largest personal injury verdicts ever awarded in Roanoke.
Hodges, a former signalman, was repairing railroad equipment in Bedford County in 1987 when he crawled into a metal 9-by-6-foot signal box that had been overturned by floodwaters.
As he worked inside the box, a 66-pound door that had been propped open slammed shut, hitting Hodges in the back and causing severe injuries that later required surgery. Hodges, who was left permanently disabled, had claimed that the railroad was negligent for sending him into a flood-damaged area with no emergency training.
But in reversing the verdict and sending the case back for a new trial, the Virginia Supreme Court held that the jury should have been told that any contributory negligence by Hodges could affect the amount of damages.
A second jury had been selected Monday for a retrial in Roanoke Circuit Court. But jurors were sent home without hearing evidence after the settlement was reached.
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