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Patrick Austin
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Two Successive Judges Reversed by Appeals Court For Failing to Honor Jury’s FELA 8.6 Million Verdict

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After a myriad of appeals, the tides of justice are finally turning in favor of a plaintiff whose case was decided by a Tennessee jury back in 2010. The case is Payne v. CSX Transportation Inc., No. E2012-02392-COA-R3-CV, 2013 WL 6857947 (Tenn. Ct. App. Dec. 27, 2013). Rick Shapiro of the Shapiro, Lewis, Appleton & Duffan firm is lead counsel in the case.

Rick obtained an $8.6 million verdict from a Tennessee jury, but the trial judge mistakenly questioned the jury’s verdict resulting in a subsequent decrease of the verdict to $3.2 million. From that point, multiple appeals were filed. One judge even granted a summary judgement motion in favor of CSX. However, Rick continued to fight for his client and took his case to the Tennessee Court of Appeals. It was the right decision.

The Tennessee Court of Appeals decided in favor of Rick’s position that the $8.6 million jury verdict should stand, as along as it meets the greater weight of the evidence. The Court reversed the summary judgment decision and found in favor of plaintiff’s argument in virtually all major points of contention on appeal.

This wrongful death FELA case is now receiving press from a major legal site – Thomson Reuters.

Check out the Thomson Reuters article here:

http://blog.thomsonreuters.com/index.php/judge-shouldnt-let-jury-reconsider-8-6-million-verdict-appeals-panel-says/

A story on the Court of Appeals decision was also featured on a local Tennessee news site:

http://www.wtnzfox43.com/story/24346441/justice-restored-appeals-court-decides-in-favor-of-victims-estate-in-railroad-wrongful-death-case