ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Friday, February 28, 1997 TAG: 9702280062
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
A Roanoke jury awarded $800,000 Thursday to a man who broke his arm while working for the railroad and has suffered painful nerve damage ever since.
Norfolk Southern Corp. admitted liability in an accident that injured Raymond Arrington 31/2 years ago, leaving the question of damages the only issue for the jury to decide.
After hearing three days of testimony and arguments in Roanoke Circuit Court, the jury deliberated about an hour before awarding Arrington $800,000 - nearly twice the amount of his estimated past and future lost wages. Arrington's lawyers had asked the jury for as much as $1.4 million.
"I think it was a fair verdict for both sides," said Richard Cranwell, a Vinton lawyer who represented Arrington.
Arrington, 39, of Bedford County, was injured in October 1993 as he repaired a coal car in the railroad's East End shops. As Arrington was standing on a ladder, his arm was pinned between the top rail of the car and a piece of scaffolding that a co-worker had inadvertently rolled too close to the car.
The impact broke Arrington's left forearm. After doctors implanted a metal plate in his arm, Arrington continued to suffer pain from nerve damage. He returned to work but was unable to perform his job.
The use of his left arm is so limited that Arrington cannot use a weed trimmer while cutting his grass without experiencing pain, Cranwell said.
As a result of the injury, Arrington lost a $17-an-hour job and can work only at minimum-wage positions, Cranwell said.
James Johnson, a Roanoke lawyer who represented the railroad, asked the jury to award less than Arrington sought, but did not cite a specific figure.
Most employees are covered by workers' compensation, and thus are not allowed to sue over workplace accidents. But railroad workers fall under the Federal Employer's Liability Act, which requires them to prove negligence by their employers to collect damages.
LENGTH: Short : 42 linesby CNB