Stack denies Norfolk Southern's motion to dismiss injury suit

By Amelia Flood | Dec 1, 2010


Madison County Circuit Judge Daniel Stack has denied a motion to dismiss an injury suit against Norfolk Southern Railway Co.

The railroad and several of its employees are being sued by John Whitt, who claims he was injured after a train hit him while he lay unconscious on railroad tracks near Staunton in 2007.

Whitt, who had been attending the Staunton Homecoming, claims he was attacked and left unconscious on the 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.

The suit seeks damages in excess of $50,000 and costs.

The railroad claims that Whitt was trespassing on its crossing and that it is not liable for his injuries.

The case had been sent to Macoupin County at one point, but Madison County Circuit Judge Barbara Crowder, who presided over the case at
the time, rescinded the transfer order.

Norfolk Southern again tried to have the case sent to Macoupin after
Stack took it over, but Stack denied that motion.

Stack denied the dismissal motions as well Nov. 19.

A motion to compel remains pending in the case.

Joseph Dulle represents Whitt.

Charles Swartwout and others represent Norfolk Southern, Holden and Atchison.

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

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