For immediate release October 2008

CWM Attorneys Win in Virginia Supreme Court

On October 31, 2008, CWM attorneys James L. Chapman, IV and W. Ryan Snow won reversal and remand of a $330,000 judgment in the Virginia Supreme Court.

The plaintiff, a conductor for the Norfolk and Portsmouth Belt Line Railroad Company, claimed he injured his shoulder when he struck a fencepost while riding a railcar.  He sued the Belt Line for $1,000,000.  Mr. Chapman and Mr. Snow represented the Belt Line.

At trial, the plaintiff offered testimony of an expert witness who claimed the Belt Line violated an alleged “industry standard” by failing to ensure the fencepost was a certain distance from the track.  Over the Belt Line’s objection, the trial court allowed the witness to cite the laws of 38 states other than Virginia to support his position.

After the jury returned a verdict of $330,000, the Belt Line appealed, arguing that the trial court erred in admitting laws of other states to establish a standard in Virginia.  The Virginia Supreme Court agreed, reversed the judgment, and remanded the case.

The case is reported at Norfolk and Portsmouth Belt Line Railroad Co. v. Wilson, 667 S.E.2d 735 (Va. 2008).