TENNESSEE PERSONAL INJURY ATTORNEY BLOG: Gilreath and Associates

Contact  SidGilreath.com

Tennessee Injury Blog

Helping victims of injury and wrongful death obtain compensation is just one side of our practice. We also strive to educate potential clients and the public at large so they can better discuss cases with legal counsel and ensure successful outcomes.
  • Home
  • About
    • Attorneys
    • Firm Overview
    • Press Releases & Publications
  • Case Results
  • Practice Areas
    • Personal Injury
    • Brain Injury
    • Trucking Accidents
    • Auto Accidents
    • Motorcycle Accidents
    • Aviation Accidents
    • Boating/Watercraft Accidents
    • Medical Malpractice
    • Defective Products
    • Workers Compensation
    • Railroad Injuries/FELA
    • Memphis Car Accidents
    • Nashville Personal Injury Attorneys
    • Knoxville Car Accident Attorneys
    • Nashville Car Accidents
    • Birth Injury
  • Learn
    • FAQs
  • Blog
  • Contact
    • Directions
    • Referring Attorneys
Home / Wrongful Death / Tennessee Supreme Court Orders New Damages Trial in Railroad Wrongful Death Case

Tennessee Supreme Court Orders New Damages Trial in Railroad Wrongful Death Case

August 5, 2015 By Staff Writer

kansas-usa-freight-trains-elevated-viewAfter five long years in the appeals process, the Tennessee Supreme Court recently ordered a new damages trial against CSX Railroad in the wrongful death of 41-year employee Winston Payne. Payne diagnosed and eventually killed by lung cancer after being exposed to toxic chemicals for his virtually entire career at one of the nation’s largest transportation suppliers.

The new trial is solely on the basis of monetary damages; therefore CSX will not be able to argue any liability issues. In 2010, the original jury awarded $8.6 million dollars to Mr. Payne’s widow, Anne. However, Judge Harold Wimberly felt the verdict was too high since Payne was a smoker (although he had quit 15 years prior to his illness) and issued that the jury re-visit the verdict. The amount was then lowered to $3.2 million.

Later the case was bumped to Judge Workman, who threw the case out altogether!

As Knoxville legal blogger Jamie Satterfield so eloquently and humorously puts it:

“Judges are not gods, though there’s a few out there who think they are. They’re just humans forced to wear starchy, drab black robes and pretend to be all-knowing about all things. So it comes as no surprise – to me, at least – that two of our (now retired) Knox County Circuit Court judges bungled a wrongful death case.”

Our very own Knoxville attorney Sid Gilreath, founder of Gilreath & Associates, worked diligently in this case against CSX. He fought to prove that CSX was negligent by exposing Mr. Payne to plutonium and enriched uranium, as well as asbestos and diesel exhaust fumes, without adequate protection. This exposure caused him to endure 43 round of chemotherapy, 44 radiation treatments and ultimately his death.

In the end, Sid and the plaintiff proved that Mr. Payne suffered tremendously for four and a half years before his lung cancer illness caused his death.

In July 2015, Justice Gary R. Wade delivered the 47-page opinion that the trial will be reheard and is set for late 2015 or early 2016. For detailed information regarding this case, read here.

Sid Gilreath is an experienced railroad and toxic injury attorney who stands committing to fighting for the rights of Tennesseans, just as he did for Mr. Payne and his widow. If you have lost a family member due to negligence on the part of a railroad company or any other institution that you believe is responsible for a wrongful death, contact us today for a free consultation.

Related Resources

  • How to Get a Copy of the Car Accident Police Report in Tennessee
    How to Get a Copy of the Car Accident Police Report in…
  • Tennessee Attorney General Joins Coalition to Hold Manufacturers Liable for Defective Products
    Tennessee Attorney General Joins Coalition to Hold…
  • New Tennessee Laws that Went into Effect in July 2020
    New Tennessee Laws that Went into Effect in July 2020
Nationwide Toll Free: (800) 637-7024
Nationwide Toll Free
800.637.7024

Search

Categories

  • Advocacy
  • Auto Accidents
  • Community
  • Inadequate Security
  • Injury
  • Legislation
  • Medical Device
  • Medical Malpractice
  • Product Failures
  • Safety
  • Tennessee
  • Trucking Accidents
  • Wrongful Death

Archives

Tags

auto safety aviation accidents birth injury boating accidents boating safety brain injury car accidents child safety civil lawsuits community events court rulings covid-19 defective medical products defective products distracted driving DUI food safety hip replacement lawsuits medical malpractice medical malpractice cases medical product failures meningitis outbreak motorcycle accidents negligence nursing home abuse pedestrian accidents personal injury personal injury lawsuits pharmaceutical liability playground safety premises liability prescription errors product liability attorneys product recalls product safety lawsuits slip & fall Tennessee malpractice lawyer Tennessee truck accidents Tennessee truck accident safety regulation tort law tractor trailer accidents train accidents truck accident settlements workers' comp wrongful death

Membership badges

Gilreath & Associates
KNOXVILLE
Bank of America Center
550 Main Ave
Suite 600

Knoxville, TN 37902
United States
865-637-2442
Gilreath & Associates
MEMPHIS
One Memphis Place
200 Jefferson Ave
Suite 711

Memphis, TN 38103
United States
901-527-0511
Gilreath & Associates
NASHVILLE
The Stahlman Building
501 Union St
Suite 400

Nashville, TN 37219
United States
(865) 637-2442
  • SidGilreath.com
  • Find us on Facebook

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Law Firm Web Design & Marketing Services by SEO Advantage, Inc.™


Gilreath & Associates: Tennessee Enjuris Partner Attorney


Tennessee Personal Injury Lawyers at Gilreath & Associates offer free and personal consultation to help you evaluate your legal options.
Our attorneys are dedicated to helping you recover financially from an injury stemming from someone else's negligence.