Atlanta—As Fulton County Superior Court Judge Alford Dempsey read the verdict in the recent case of Winfred Evans v. Norfolk Southern Railway Company and Professional Transportation, Inc. (2012CV223527), one item of damages was somewhat unusual. The jury awarded damages against both defendants for past and future lost earnings of plaintiff Winfred Evans, but the amount awarded against Professional Transportation, Inc. (PTI), was larger than the amount awarded against Norfolk Southern Railway Company. The differing damage awards illustrated one of the differences between trying a case under Georgia tort law and under the Federal Employers Liability Act (FELA), 45 U.S.C. § 51 et seq.
