Written by our personal injury lawyer in Charlottesville
The West Virginia Supreme Court has ruled in favor of a railroad engineer’s widow, stating that a retired railroad worker had not released Norfolk Southern from liability when he took early retirement.
The railroad locomotive engineer was diagnosed with mesothelioma cancer after a number of years of exposure to asbestos while working for Norfolk Southern Railway Company and its predecessor, Norfolk & Western Railway Company.
The Railroad argued that a release that the locomotive engineer had signed when he took early retirement did not allow him to bring any claims against the railroad company. The West Virginia Supreme Court said the railroad was wrong and that a general release did not release them from specific FELA claims.
The only time that a release would be valid under FELA would be if it relates to a specific injury and would not be a release under a general injury. The widow of the locomotive engineer is now free to proceed in her mesothelioma asbestos claim against Norfolk Southern Railway Company.
Railroad workers can collect for injuries.
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