Attorneys file for dismissal in case against Norfolk Southern over Staunton homecoming incident

Christina Stueve Mar. 14, 2012, 11:49am




Attorneys on both sides of a man's lawsuit against a railroad on Tuesday filed an agreement in Madison County Circuit Judge William Mudge's courtroom that the case be dismissed.

Settlement terms were not disclosed in the case file.

Mudge on Jan. 24 had set the trial to start Monday.

Plaintiff John Whitt, who had been attending a Staunton Homecoming in 2007, claims he was attacked and left unconscious on nearby railroad tracks.

He claims that Norfolk Southern's train crew, Paul Holden and Travis Atchison, saw him on the tracks but failed to stop for help.

Defendants Norfolk Southern Railway Company, Paul Holden and Travis Atchison answered the complaint with affirmative defenses more than a year ago on Jan. 18, 2011.

The railroad claims that Whitt was intoxicated as he was trespassing on its crossing and that it was not liable for his injuries. The railroad also claimed Whitt failed to take steps to provide for his own safety.

Joseph Dulle of Stone, Leyton & Gershman represented the plaintiff.

Charles Swartwout and Andrew Corkery of Boyle Brasher in Belleville represented the defense.

The case is Madison case number 09-L-668

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