State High Court Reverses $1.5 Million Silicosis Verdict

RICHMOND, Va. - A state Supreme Court has cited a lack of factual foundation for an industrial hygienist's trial testimony in its decision to reverse a $1.5 million verdict awarded to a former rail worker who claimed he developed silicosis as a result of his exposure to silica-containing ballast dust. Norfolk Southern Railway Co. v. Rogers, No. 050160 (Va. Sup. Ct.).

The Virginia Supreme Court reversed the verdict Nov. 4 and entered judgment for defendant Norfolk Southern Railway, which it said should not have been found negligent for failing to provide plaintiff Dale Rogers with a safe place to work. …