Norfolk & Western Railway Co. v. Puryear

463 S.E.2d 442, 250 Va. 559, 1995 Va. LEXIS 129
CourtSupreme Court of Virginia
DecidedNovember 3, 1995
DocketRecord 950210
StatusPublished
Cited by21 cases

This text of 463 S.E.2d 442 (Norfolk & Western Railway Co. v. Puryear) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Norfolk & Western Railway Co. v. Puryear, 463 S.E.2d 442, 250 Va. 559, 1995 Va. LEXIS 129 (Va. 1995).

Opinions

SENIOR JUSTICE WHITING

delivered the opinion of the Court. •

In this appeal, we are asked to decide whether a litigant’s written summary of those parts of the testimony favorable to his case is admissible into evidence as an exhibit. We are also asked to determine whether the trial court improperly ruled that a proper foundation was laid for the admission of certain tests relied upon by an expert witness.

Robert E. Puryear worked for the Norfolk and Western Railway Company (N & W) for 32 years, first as a fireman and an engineer, and then, starting in 1975, as a foreman. While he was a fireman and an engineer, Puryear rode on N & W’s locomotives every working day, and while a foreman, he rode on N & W’s locomotives three days a week. Less than a year before his retirement from N & W in September 1987, Puryear was advised that he suffered from hearing loss.

Two years after retiring, Puryear filed this damage action against N & W under the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§51 et seq. In this action, Puryear alleged that N & W violated a duty of care imposed upon it by FELA in exposing him to excessive noise from its locomotives, equipment, and horns, thereby causing his hearing loss. During a jury trial, the trial court admitted certain exhibits and expert testimony over N & W’s objection. The jury returned a verdict of $150,000 in favor of Puryear upon which final judgment was entered. N & W appeals, assigning, among other things, the admission of this evidence as error.

Puryear testified that, between 1961 and 1975, he spent 50% of his working time riding on General Motors EMD GP-9 locomotives; another 10% of his working time during this period was spent on locomotives he described as “Alcos.” From 1972 to 1975, [561]*561Puryear also made approximately 60 trips on General Motors EMD-F-7 locomotives. While a foreman, Puryear also rode on General Electric Company C-36-7 locomotives at least one day out of the three days each week that he rode on N & W locomotives. Puryear testified about the loud noise created by the engines and equipment on the GP-9, F-7 and Aleo locomotives and the horns of the C-36-7 locomotives.

Dr. Angelo Campanella, one of Puryear’s expert witnesses on the measurement of sound, testified about the noise levels on N & W’s F-7, GP-9, and C-36-7 locomotives. According to Dr. Campanella, tests which he and other experts had performed indicated that the horn on the C-36-7 locomotive and the engines and equipment of the F-7 and GP-9 locomotives produced noise in excess of sound levels fixed by Federal Railroad Administration (FRA) regulations at the time FELA employees were exposed to such noise.

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Norfolk & Western Railway Co. v. Puryear
463 S.E.2d 442 (Supreme Court of Virginia, 1995)

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Bluebook (online)
463 S.E.2d 442, 250 Va. 559, 1995 Va. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norfolk-western-railway-co-v-puryear-va-1995.