Norfolk Southern Faces Retrial Over Engineer's Spine Injuries

Law360 (October 8, 2019, 9:44 PM EDT) -- Railway company Norfolk Southern must face retrial on a negligence claim by a former engineer who said his spine was injured by poorly maintained locomotive seats, a Missouri appeals court ruled Tuesday, citing a jury instruction error.

Former locomotive engineer Gary Miller, who had to end his decades-long career as a locomotive engineer after two spine surgeries he said were directly caused by years of vibration and jouncing on the job, will get a retrial on a negligence per se claim under the Locomotive Inspection Act after an appeals court in the Western District of Missouri ruled that the original jury,...

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