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.

In the recent Fulton County Superior Court case of Winfred Evans v. Norfolk Southern Railway et al. (2012CV223527), the railroad admitted liability for the accident in which Evans was injured but, in its closing statement, suggested that fair compensation for his injuries might be approximately $100,000, far less than the $1.5 million Evans was seeking.

Plaintiff's attorney James Holland demonstrates to the jury the injuries Wifred Evans received when the van in which he was traveling was struck by a Norfolk Southern train. A Fulton County Superior Court jury awarded Evans over $1 million in damage as a result of the collision.