Meck Co jury awards $865,175 to engineer for PTSD claim

A locomotive engineer who developed post-traumatic stress disorder after the train he was operating collided with a tanker truck stranded at a railroad crossing received an award of $865,175 from a Mecklenburg County jury. The lawsuit consisted of negligence claims against Jeremy Tucker, the truck driver, and his employer, Ergon Trucking and a Federal Employers Liability Act (FELA) claim against Norfolk Southern Railway Company. Norfolk Southern and Ergon also brought claims against each other for property damage and for indemnity and contribution with regards to the engineer’s personal injury claim.

James Lloyd III was the engineer of a Norfolk Southern train that was approaching a private railroad crossing in Charlotte. According to a report submitted by plaintiff’s attorney Woodrow Gunter II, as Lloyd approached the crossing he noticed a tanker truck disabled on the tracks at the crossing. The tanker truck was owned by Ergon and operated by Tucker, and it was carrying a load of mineral oil, a combustible fluid.

Lloyd blew the train’s horn, sounded its whistle and activated its emergency brakes. At the crossing, the crash occurred, sending a ball of fire into the air. Mineral oil ignited as it sprayed the engine cab, but it extinguished quickly leaving Lloyd and two other crew members in darkness. The train stopped about one-half mile from the crossing.

Tucker testified that as he was turning the truck to cross the tracks, his wheels got wedged in them.

An expert for Ergon unsuccessfully argued that this accident had two causes: driver error by Tucker and design error by Norfolk Southern.

Lloyd testified that after the accident he began having post-traumatic stress disorder (PTSD) symptoms like sleeplessness, nightmares, intrusive thoughts and flashbacks, anxiety and depression.

Lloyd’s treating psychiatrist, Dr. Khizer Khan, as well as his mental health counselor, Phyllis Newman, each testified that he had developed chronic and severe PTSD from this incident, and that his condition was permanent. Since the accident, Lloyd has not been able to return to work, and Khan and Newman both testified that he could not work due to his PTSD.

Dr. Robert P. Granacher Jr. evaluated Mr. Lloyd and his medical records, and testified likewise that plaintiff had developed PTSD, and that his condition was permanent. A defense expert in forensic psychology testified that Lloyd met each of the diagnostic criteria for PTSD.

The defense argued that the railroad was at fault for maintaining a dangerous and poorly designed crossing. Both defendants contended Lloyd did not properly mitigate his damages because he failed to participate in the Norfolk Southern’s vocational rehabilitation program.

The trial lasted for eight days, and the jury deliberated for three-and-a-half hours before returning a verdict for $865,175 for Lloyd and $177,600 for Norfolk Southern.

This case was affirmed on appeal.

VERDICT REPORT

Type of action: Negligence, Federal Employers Liability Act (FELA)

Injuries alleged: Post-traumatic stress disorder; minor injuries to neck and shoulder

Name of case: James C. Lloyd III v. Norfolk Southern Railway Company, Ergon Trucking, Inc. and Jeremy Ryan Tucker

Case Number: 11 CVS 11868

County: Mecklenburg

Judge: Jesse B. Caldwell III

Special damages: Accrued net lost wages of $224,410.00; present value of future lost wages $441,643; present value of lost health insurance benefits $99,153

Highest offer: $300,000 to Lloyd

Trial attorneys for plaintiff: James H. Wettermark of Wettermark
& Keith, Birmingham, Alabama; Woodrow Gunter II, Rockingham

Appellate attorney for plaintiff: Jerome Trehy Jr., Raleigh

Trial attorneys for defendants: Norfolk Southern: Frank Gordon of Millberg Gordon Stewart, Raleigh; Ergon Trucking and Tucker: Robert McIver of Evans & Co., Greensboro

Appellate attorneys for defendants: Norfolk Southern: Frank Gordon and B. Tyler Brooks of Millberg Gordon Stewart, Raleigh; Ergon Trucking and Tucker: Jason R. Benton, Parker Poe Adams and Bernstein, Charlotte

Most helpful experts for plaintiff: Dr. Fred Johnson, economist; Dr. Robert Granacher Jr., neuropsychiatrist — PTSD expert; Dr. Khizer Kahn, treating psychiatrist; Phyllis Newman, treating mental health counselor

Insurance carrier: Excel Insurance

Amount of verdict: $865,175 awarded to Lloyd against Ergon and Tucker; $177,600 awarded to Norfolk Southern against Ergon and Tucker.

Have plaintiffs been successful in collecting the award? Yes

Date of verdict: April 19, 2012

Follow Laurie Landsittel on Twitter @NCLWLandsittel