02 Feb Virginia: Special Cases – a Lawyer’s FELA
On January 31, 2019, the Virginia Supreme Court issued Norfolk So. Ry. Co. v. Sumner, No. 180121, upholding a personal injury victim’s jury verdict under the Federal Employers’ Liability Act (“FELA”). It held that Defendant waived its summary claim that Plaintiff expert’s testimony exceeded his scope of expertise, id. at 8; and that Defendant’s objection about Plaintiff’s expert testifying on matters within the jury’s common knowledge and experience was meritless. Id. at 9. Sumner also concluded regarding the unwitnessed railroad accident: “There was evidence to support the inference that the defendant’s negligence played a part, however small, in causing the fall which was the source of the plaintiff’s injury [and thereby ‘created a jury issue’].” Id. at 12.