South Florida Injury Lawyers Blog
A woman seriously injured when a train ran off a section of damaged train tracks and into her workplace will have to endure a second trial after a federal appeals court ruled the lower court had not made a proper finding of proximate cause.
In Harris v. Norfolk Southern Railway Co., trial court granted summary judgment to plaintiff on the issue of defendant’s liability, and held a trial only on the issue of damages (denying her the right to seek punitive damages at the outset). Jurors awarded her nearly $3 million for her medical bills, lost wages and pain and suffering.
It had been established the rail company had breached its duty of care in failing to properly inspect and repair that section of track.