Verdicts & Settlements

$34,558,333

WARD V. CSX TRANSPORTATION, INC.

This is the largest recorded verdict ever obtained on behalf of an injured Railroad worker. Butch Ward was a bridge worker in CSX’s B&B department. He and his crew were replacing a trestle in Southern Mississippi. Mr. Ward fell from the bridge and suffered a neck fracture that caused paralysis.

$6,920,669

BRONSON V. NORFOLK SOUTHERN RAILROAD

A 16-year-old high school student suffered a closed head injury when the automobile in which he was a passenger was struck by a Norfolk Southern train. The case was filed against the Railroad for failing to adequately maintain the crossing warning devices and against the driver of the vehicle. Before trial, a $900,000 settlement was entered into with the driver’s insurance carrier. After a five-week trial, the jury returned its verdict.

$6,500,000

WETTERMARK & KEITH CLIENT V. ANONYMOUS DRIVER

Confidential settlement obtained for two Wettermark & Keith clients following a motorcycle accident.

$6,200,000

ELLIOTT V. ANONYMOUS HOSPITAL

At the time, this was the largest settlement in a Tennessee medical malpractice case. A 42-year-old man suffered brain damage when a nurse anesthetist failed to properly administer and monitor his anaesthesia during surgery.

$5,000,000

JORDAN V. NORFOLK SOUTHERN RAILROAD

David Jordan was struck by a Railroad train. He sustained numerous injuries that prevented him from returning to his previous occupation. Prior to trial, the Railroad offered $300,000 to settle the case. The jury returned its verdict in favor of Mr. Jordan after a four-week trial.

$2,750,000

WETTERMARK & KEITH CLIENT V. CORPORATION SETTLEMENT

Confidential settlement for a Wettermark & Keith client who lost his leg in an on-the-job injury.

$2,750,000

WETTERMARK & KEITH CLIENT V. CORPORATION

Confidential settlement reached between a 45-year-old Wettermark & Keith client who sustained multiple orthopedic injuries while performing his job duties for his employer.

$2,000,000

HUTCHENS V. CSX TRANSPORTATION, INC.

A 55-year-old signal man fell twenty feet from a bridge while carrying a dwarf signal. He fractured his elbow, both wrists, and his foot. His injuries prevented him from returning to his employment with the Railroad. The Railroad paid for Mr. Hutchens’ retraining in computer sciences and offered to settle the case for $400,000. The verdict came after a four-day trial.

$2,000,000

HENDERSON V. FAIRVIEW NURSING HOME

The family of 100-year-old Elvia Henderson was awarded $2 million for her wrongful death.  She was dropped while being assisted to the bathroom and that fall resulted in a broken leg, which eventually became infected with pressure wounds, leading to the amputation of her leg and her ultimate death.

$1,924,000

KIRKLAND V. NORFOLK SOUTHERN RAILROAD

Mr. Kirkland, a 45-year-old Norfolk Southern trainman, slipped from a hopper car that was covered with kaolin clay. He suffered permanent back injuries. Although Mr. Kirkland’s injuries were not severe enough to require surgery, he was unable to return to his previous employment with the Railroad. The Railroad offered $150,000 to settle before trial. During the trial, the Railroad raised its offer to $350,000. Following a three-day trial, the jury deliberated for less than thirty minutes returning its verdict for Mr. Kirkland.

$1,750,000

WETTERMARK & KEITH CLIENT V. ANONYMOUS DRIVER

A 44-year-old Wettermark & Keith client sustained severe fractures of his hip requiring surgery following an automobile accident.

$1,679,262

WORSHAM V. CSX TRANSPORTATION, INC.

Mr. Worsham was a 40-year-old switchman for the Railroad. He injured his shoulder while trying to align a Railroad switch. During the physical recovery of his shoulder, he became severely depressed. The settlement offer was $400,000. This was the first recorded million dollar FELA verdict against a Railroad for primarily psychological injuries.

$1,666,238

OAKS V. WILEY SANDERS TRUCK LINES

Connie Oaks was struck by a Wiley Sander’s Truck after it ran a red light.  Connie was airlifted from the scene with multiple fractures throughout her body.  She required one surgery to her hip pelvis.  Initially, the trucking company claimed that Connie’s actions contributed to the collision.  They, however, abandoned that defense on the eve of trial.  The Lexington, Kentucky federal jury returned its verdict after a five-day trial.

$1,600,000

MONHOLLEN V. CSX TRANSPORTATION, INC.

This 55-year-old pipefitter worked his entire career at the Railroad’s locomotive repair facility. His job required extensive use of solvents and chemical degreasers. Eventually, these toxic chemicals caused him to develop toxic encephalopathy. This verdict was the first million dollar plus verdict for a Railroad worker exposed to cleaning solvents. Before trial, the Railroad offered $25,000 to settle the case.

$1,501,097

HALL V. CANADIAN NATIONAL RAILROAD

James Hall was a 59-year-old switchman for the Canadian National/Illinois Central Railroad. He fractured his left knee while attempting to mount a moving locomotive engine. He was medically disqualified from returning to work with the Railroad. The morning of the first day of trial, the Railroad offered $150,000 to settle the case. The jury returned its verdict following a four-day trial.

$1,500,000

MCCARTER V. BLACK WARRIOR CO-OP

Ronald McCarter was performing work for his employer in Greene County, Alabama when the equipment he was working on came into contact with a low-hanging power line. Mr. McCarter, unaware that the line was a high-voltage power line, attempted to get it off his equipment and when he did, he was severely electrocuted causing permanent injury to his arm and hand. A Green County, Alabama jury returned its verdict for Mr. McCarter after a five-day trial.

$1,000,000

WETTERMARK & KEITH CLIENT V. ANONYMOUS DRIVER

Wettermark & Keith client suffered from severe hip injuries following a car accident. A confidential settlement was reached on behalf of Wettermark & Keith client shortly before trial.

$985,000

JOHNSON V. ILLINOIS CENTRAL RAILROAD

Jury verdict rendered for Everett Johnson an employee of the Illinois Central Railroad out of Baton Rouge, Louisiana. Everett sustained a knee injury after slipping in mud in the Railroad’s railroad yard. The Railroad contended his knee injury was a preexisting condition. Prior to trial, the Railroad offered $300,000 to settle the case. The Ascension Parish jury returned its verdict after a five-day trial.

$980,000

RHINEWALT V. J&S TRUCKING COMPANY

Cecil Rhinewalt sustained neck and back injuries after a J&S tractor trailer pulled out in front of him. The case settled for the trucking company’s insurance policy limits.

$850,000

WETTERMARK & KEITH CLIENT V. CORPORATION

Confidential settlement for Wettermark & Keith Mississippi client who sustained a broken wrist while performing his job duties.

$750,000

WETTERMARK & KEITH CLIENT V. TRUCKING COMPANY

Confidential settlement for Wettermark & Keith client’s family who sustained back injury in accident with a semi-truck.

$675,000

WETTERMARK & KEITH CLIENT V. ANONYMOUS DRIVER/INSURANCE

Confidential settlement obtained for Wettermark & Keith client who sustained knee injuries after the motorcycle he was riding was struck by another driver. The settlement was obtained from the other driver and his employer, who happened to be an insurance company.

$525,000

WETTERMARK & KEITH CLIENT V. TRUCKING COMPANY

Confidential settlement obtained for an Indiana Wettermark & Keith client who sustained leg injuries resulting in fractures following a collision with a tractor being driven by a large trucking company.  Wettermark & Keith contended the driver of the truck ran a red light.

$250,000

WETTERMARK & KEITH CLIENT V. TRUCKING COMPANY

Confidential settlement obtained for Wettermark & Keith client injured in an automobile accident with a trucking company. Wettermark & Keith client sustained fractures to his face. The trucking company initially contended that it wasn’t at fault and that the Wettermark & Keith client was racing another vehicle at the time of the accident.