A fifty-five year old engineer, with CSX Transportation, Inc., was switching coal when his foot went through a rotten spot in the floor of his engine. The floor had previously been repaired by placing a sheet metal plate over a rotten spot in the floor in front of the fireman’s door. While the engineer was walking out the door, he stepped on the plate and his foot went through the floor causing injuries to his lower back and ankle. He sustained two bulging discs in his lower back, which resulted in chronic pain in his lower back. No surgery was required, but he was unable to return to work as an engineer. A jury verdict was returned in favor of the plaintiff for the sum of $836,625.
The plaintiff was represented at trial by Willard J. Moody, Sr. and Willard J. Moody, Jr., of Moody, Strople & Kloeppel, Ltd.
