Stack to hear re-argument of transfer motion in suit against Norfolk Southern

Amelia Flood Sep. 8, 2010, 11:11am

Norfolk Southern Railway Co. will once again argue to have a personal injury suit transferred from Madison County to Macoupin County.

The railroad, a defendant in the case brought by plaintiff John Whitt, had already secured a transfer of the suit in July. But the transfer order was pulled by Circuit Judge Barbara Crowder a few weeks later.

Now, Madison County Circuit Judge Daniel Stack, who currently oversees the case, will hear arguments on the motion at 10 a.m. Thursday.

Whitt is suing the railroad and fellow defendants Paul Holden and Travis Atchison for more than $50,000 in damages, claiming he was struck by a train in June 2007 after attending the Staunton homecoming.

Stack took over the case along with the rest of Crowder's civil docket when she took over the helm of the county's packed asbestos docket last month.

In his suit, Whitt claims that a Norfolk Southern train traveling on the railroad tracks near the Staunton homecoming struck him as he lay unconscious on the train tracks.

Whitt claims he had been attacked and beaten up before the train hit him.

The plaintiff contends the moon was full on the night of the accident and that those manning the train – Holden and Atchison – could have stopped it before hitting Whitt.

After Crowder granted the motion to transfer July 7, the plaintiff moved for her to reconsider and set aside that order.

After hearing arguments Aug. 6, Crowder rescinded her transfer order.

Motions to dismiss filed by Holden and Atchison are set Sept. 24 at 9 a.m. for hearing.

Joseph Dulle represents Whitt.

Charles Swartwout represents the defendants.

The case is Madison case number 09-L-668.

More News