Earlier this year, the Supreme Court of Virginia issued an opinion in a Virginia train accident case involving an employee who was injured while working for the defendant railroad company. The case required the court to determine if the plaintiff presented sufficient evidence to establish that the defendant’s negligence was the cause of his injuries. Ultimately, the court concluded that the jury’s verdict was supported by some evidence supporting a finding of causation, and the verdict was affirmed.
The Facts of the Case
According to the court’s opinion, the plaintiff worked as a conductor for the defendant railroad. One day, the plaintiff was asked to help make a “cut,” which is when several of the cars in a train are released and left behind. The plaintiff completed the cut without issue; however, as the plaintiff was walking back to a nearby electrical box, he lost contact with the train’s engineer.
Evidently, the train’s engineer became worried after losing contact with the plaintiff and set out to see if anything was wrong. The engineer walked around to the rear of the train, and saw the plaintiff lying at the bottom of a 36-foot embankment. There were no witnesses to the plaintiff’s fall, and the plaintiff had no memory of the accident. The walkway where the plaintiff was when he fell was about 15 inches wide, and the embankment was approximately 70 degrees.