Supreme Court Reinstates Jury Verdict For Railroad

Friday, August 29, 2014

The Tennessee Supreme Court reinstated a jury verdict denying recovery for a railroad employee who claimed he was injured as the result of a faulty railroad switch. Andrew Spencer sued Norfolk Southern Railway after injuring his back on May 16, 2010, when he threw a switch in an effort to move a section of track. 

In order to recover damages, Mr. Spencer was required to prove that Norfolk Southern knew or should have known that the switch was not operating properly and failed to take adequate precautionary measures prior to the incident.

The instruction to the jury specified the railroad knew or should have known “on the day of the incident” that the switch wasn’t working.  Mr. Spencer appealed, claiming the trial court had erroneously narrowed the “notice window” and required him to prove that the railroad was specifically aware on the day of the injury, not just some time prior to the incident.

In a unanimous opinion authored by Chief Justice Gary Wade, the Court ruled that the trial judge’s instructions were substantially accurate and he had properly instructed the jury on whether Norfolk Southern had notice of a defect in the switch, reversing a Court of Appeals decision that held that the instruction was erroneous. 

To read the majority opinion in Andrew Spencer v. Norfolk Southern Railway authored by Chief Justice Wade, visit the Opinions section of TNCourts.gov.

EPB Fiber Optics Named One Of Best Gaming ISPs In Nation

EPB Fiber Optics has been named the winner as the best gaming ISP for quality in the United States by PC Magazine.  Officials said it’s not so much speed, as it is latency such as connection quality and reliability. EPB Fiber Optics was rated against Verizon Fios, Google Fiber, Metrocast and others.  (click for more)

Justice Cornelia Clark Keynotes Drug Court Conference

Tennessee Supreme Court Justice Cornelia Clark was the keynote speaker at the Tennessee Association of Drug Court Professionals Conference in Chattanooga, held Wednesday through Friday.  Justice Clark noted many highlights in the last four years of the program, including the name change from drug court to recovery courts to reflect broader services being provided to meet ... (click for more)

City Administrator Lurone Jennings Suspended For Misallocation Of Funds

Rev. Lurone Jennings, administrator of City Youth and Family Development, has been suspended for one week for misallocation of funds. He also is to be issued a letter of reprimand and will undergo ethics training. The action came after a critical audit report from City Auditor Stan Sewell. It says Mr. Jennings transferred $18,500 of funds to a program, Journey Educational ... (click for more)

New Walker County Commissioner Whitfield To Move Public Meetings To Evenings And To Larger Venue; Will Also Be Listening Sessions

Walker County Sole Commissioner-Elect Shannon Whitfield said there will be a new arrangement for holding of public commissioner sessions when he takes place at the start of January. Current Commissioner Bebe Heiskell has held Thursday meetings at 3:30 p.m. from time to time in a conference room at her office near the Walker County Courthouse in LaFayette. Mr. Whitfield said those ... (click for more)

Roy Couldn't Possibly Be More Wrong - And Response (5)

Spreading false information isn't only harmful, as we've been made aware recently. The spread of false information can be outright dangerous.   Calling himself a Christian and all, Roy truly disappoints on so many levels with his recently opinion piece about black students attending predominately white schools being the cause of so much problems and grief at those schools. ... (click for more)

Roy Exum: The Facebook Starlet

The Pants Store, a toney women’s boutique in Birmingham’s Mountain Book community, held its annual Holiday Open House about a week or so and, as usual, the popular store was full of customers and holiday cheer. It was a festive gathering, fun for all, but as store employees cleaned up for the next day, they happened across an empty designer-shoe box and a brassiere somebody had ... (click for more)