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Another Defense Verdict for Railroad Team, 5th in 5 Months

T.H. Lyda and Edwin Palmer received another defense verdict on behalf of a Fortune 100 railroad client after a two-week long jury trial in Erie County, Ohio. Plaintiff was a 51-year old machinist claiming that exposure to noise from retarders in a large classification yard led to his development of hearing loss and unbearable tinnitus, or ringing in his ears. The defense team asserted that:

the railroad provided plaintiff with a reasonably safe place to work
noise level monitoring at the yard complied with all federal health and safety requirements
the plaintiff was included in defendant’s hearing conservation program and provided adequate hearing protection, and
the plaintiff’s hearing problems and tinnitus were the result of unprotected exposure to gunfire
The jury agreed and returned a verdict in favor of the railroad, finding that it was not negligent.

This result is the latest in a series of five straight defense verdicts obtained by the Burns White railroad team since the first of the year.