FELA, or the Federal Employment Liability Act assures railroad employees a safe work place and gives them and their families the right to recover compensation if injured in a railroad related accident. Under FELA, injured employees can seek compensation for wage loss, future wage loss, medical expenses and treatments, pain and suffering, and for partial or permanent disability. All railroad solvent exposure lawsuits have been filed under FELA.
FELA Cases
Norfolk & Western Ry Co. v. Ayers, 538 U.S. 135, 123 S.Ct. 1210, 155 L.Ed. 2d 261 (2003)
- FELA case involving six former employees of the N&W seeking compensation for asbestosis and fear of cancer. 1998 verdict for all plaintiffs in the Circuit Court of Kanwha County, West Virginia. Our firm was involved in the trial and all appellate proceedings. State Supreme Court denied railroad's petition for appeal. United States Supreme Court granted railroad's petition for certiorari, but affirmed judgments in favor of plaintiffs, holding that: (a) plaintiffs suffering from asbestosis could recover damages for fear of developing cancer and (b) liability of railroad was not reduced by plaintiffs' exposure to asbestos on non-railroad jobs.
Norfolk & Western Railway Co. v. Dye, 533 U.S. 950, 121 S.Ct. 2593, 150 L.Ed.2d 752 (2001) (Mem.).
- FELA case involving five former N&W employees seeking to recover claims for asbestosis and fear of cancer. 1998 verdict for all plaintiffs in the Circuit Court of Mingo County, West Virginia. Our firm participated in the trial and successfully opposed the railroad's petitions for appeal and certiorari in the state and federal supreme courts.
Lamphere v. Consolidated Rail Corp., 210 W.Va. 303, 557 S.E.2d 357 (2001).
NON-RAILROAD ASBESTOS CASES
- Abbott v. Owens-Corning Fiberglas Corp.,
191 W.Va. 198, 444 S.E.2d 285 (1994)
- State ex rel. Appalachian Power Co. v. MacQueen,
198 W.Va. 1, 479 S.E.2d 300 (W.Va., No. 14, 1996) (No. 23402)
- State ex rel. Allman v. MacQueen,
203 W.Va. 726, 551 S.E.2d 369 (2001)
- State ex rel. Mobil Corporation v. Gaughan,
63 S.E.2d 419 (2002)