Case Name/Case # Norfolk Southern
Appellant C ounsel/ Area of Law
Frederick L. Koeb, Esq.
Railway Corporation 410-659-1300 v. Henry Tiller 520-00667
Judge/ Jurisdiction
O. Robert Lidums Circuit Court for
Federal Employers Liability Cecil County Act/Evidence
Issues
The appellee was injured when working for Norfolk South- ern Railway Corporation as a carman. He was struck in the head by the boom of a crane mounted on a service truck being operated by the appellee’s supervisor. At trial, Norfolk Southern was not permitted to introduce evidence that the appellee would be eligible for railroad retirement benefits at age 60. The evidence was proffered in order to prove that he would likely retire at age 60. Moreover, the appellee was permitted to put on evidence of his lost wages until age 65. The issue in the case is whether Norfolk Southern should have been permitted to offer evidence of railroad retirement benefits which would have accrued at age 60, allegedly for the limited purpose of showing when the appellee would have retired. In a related issue, Norfolk Southern also argues that the appellee’s expert opened the door to such evidence by testifying that one can begin collecting Social Security retirement benefits at age 67. Norfolk Southern suggests that this testimony incorrectly implied that the appellee would have worked until that age.
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Legislative Contributors
Michael M. Ain Clay M. Barnes Melanie J. Barney Bruce A. Blaylock Lindley C. Cowperthwait, Jr. Thomas Fay Jack A. Gold James Hock, Jr. Michael J. Jacobs Ronald H. Jarashow Douglas C. Lauenstein Jack D. Lebowitz Robyn B. Lupo Kevin A. Mahoney Darren Margolis Michael Marmelstein John C. Monahan
Franklin J. Muher Kevin P. Murphy Terry A. Myers Vadim A. Mzhen Kevin T. Olszewski L. William Proctor, Jr. Eric F. Rosenberg Peter L. Scherr Daniel E. Schultz Gary L. Segal Eric W. Segel Stevan G. Simons Steven A. Skalet Thomas G. Slater Robert M. Stahl, IV Jeffrey Stavisky
John B. Stolarz Jack R. Sturgill, Jr. H. Jeffrey Tabb J. Brian Tansey Thomas Teodori Kenneth M. Trombly William Turc, Sr. Peter Ayers Wimbrow, III
March 2008
68
Trial Reporter
Summer 2008
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