Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: MONDAY, March 11, 1991 TAG: 9103110295
SECTION: EDITORIAL PAGE: A/8 EDITION: METRO
SOURCE: JOHN B. LAMANCA
DATELINE: LENGTH: Medium
The railroads had this bill introduced by Sen. "Sonny" Stallings of Virginia Beach, who spent more time during hearings of the Courts and Justice Committee hobnobbing with Norfolk Southern and CSX attorneys and officials than listening to testimony on Senate Bill 602.
Some members of the committee did not even attend to hear the testimony; they only came in and voted to report the bill out. This indicates to me that regardless of the need for study, or of the legality or impact of the bill on the people of Virginia, they had made their minds up sometime last year when the railroads started their move.
One of these, Sen. Dudley Emick of Fincastle, came up to me and four of my associates outside the hearing room and stated: "I don't understand why other attorneys can't get any FELA (Federal Employers Liability Act) cases." I stated, "Because some of them are not qualified." Sen. Emick walked off.
The editorial referred to former Sen. Willard Moody and his "golden egg." Based on what Sen. Emick said to me, maybe the lawyers on the Courts and Justice Committee were a little jealous of Moody or former railroad brakeman Eddie Wilson, who is now an FELA-certified attorney.
Dels. Dick Cranwell of Vinton and Chip Woodrum of Roanoke should be commended by your paper instead of being downgraded. These two delegates apparently voted for the people, and not to enrich a few stockholders of NS and CSX.
What this paper has failed to recognize in this whole episode is that the railroad, along with the legislature, has said that juries made up of blacks, Hispanics, minorities and blue-collar workers in Portsmouth, Norfolk and Richmond are not qualified to sit on an FELA or other case in which one of their peers is the plaintiff.
The railroads, legislature and apparently the newspaper want juries made up solely of the elite, educated professionals who never worked in a dangerous environment and will probably never have to. They don't know the first thing about pain and suffering by an individual who is working, trying to raise a family, and who is injured on the railroads - in many cases, due to pure negligence on the part of the carrier.
The NS headquarters are in Norfolk. Yet almost all of the general chairmen who represent employees on both properties have to travel from out of state to Norfolk to handle claims, at least 12 to 15 times per year in some cases and in addition to many Public Law Board hearings.
Many of our members who are citizens of Virginia have to pay the expenses of their representatives to go to Norfolk. (This includes hotels, plane fare, mileage, meals, etc., for as much as five days at a time. Our venue was changed from Roanoke to Norfolk. Incidentally, since this move, claims on both properties have risen at least 50 percent, for some reason.)
We feel that many members of the legislature in Roanoke, Fincastle, Franklin County and Virginia Beach should be or will be (Jackie) "Stump"ed in the next elections.
by CNB