CSX gets more time to file post-trial motion in $2.56 million FELA verdict

Amelia Flood Jun. 10, 2011, 7:54am


CSX Transportation has been given more time to file its post-trial motion in the wake of a $2.56 million Madison County judgment entered against it in a Federal Employer's Liability Act trial.

The case was brought by a former train conductor who claims to have been injured and suffered from post-traumatic stress disorder following his train's run-in with the effects of a Kentucky tornado.

Plaintiff Victor Hawkins won the verdict against his employer in May.

CSX asked for the time extension a day after it lost another FELA case tried before St. Clair County Circuit Judge Lloyd Cueto.

The St. Clair County case, brought by plaintiff Roger Bennett, ended in a more than $2 million verdict against the railroad Wednesday morning.

In Madison County, Hawkins alleged that CSX failed to warn him and other train crew members about tornadoes and bad weather as their train traveled in Kentucky.

The train hit downed power lines and threw the crew forward.

Hawkins alleged he suffered a torn right rotator cuff and mental distress due to his belief
that he would be electrocuted by the downed lines.

Bennett's suit centered on claims that he injured his shoulder reaching for a radio and that CSX lied about the reason for his dismissal.

According to plea for more time, CSX would have had until June 13 to file its post trial motion.

However, due to the Bennett trial in St. Clair County, the railroad asked for a seven day extension, moving the post trial motion filing date to June 20.

David Jones and Andrew Lampros represent Hawkins.

Ryan Brennan represents Bennett in the St. Clair County action.

James Bax and Mark Favazza represent CSX in both matters.

Madison County Chief Judge Ann Callis presides in the Hawkins case. Callis signed off on the agreed motion.

The motion was agreed to by the parties in the Hawkins suit.

The Hawkins case is Madison case number 07-L-084.

The Bennett case most recently tried in St. Clair County is case number 06-L-104.

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