Worker develops repetitive motion injury: Failure to evalute workplace, advise of warning signs: Carpal tunnel syndrome: Verdict

Law Reporter, Sep 1999

Simpkins v. Norfolk and W Ry. Co., Va., Roanoke County Cir. Ct., No. CL94-000008, Dec. 4,1998.

After working as a high pressure spray operator at a locomotive wash rack for several years, Simpkins, 43, was diagnosed as having carpal tunnel syndrome (CTS) in his right hand. He underwent surgery and returned to work, using his left hand. He was subsequently diagnosed with CTS in his left hand and underwent surgery on that hand.

Simpkins, who had been earning about $27,000 annually, is now unable to return to work.

Simpkins filed suit against the railroad. Plaintiff alleged that defendant had failed to (1) properly evaluate the workplace for conditions likely to result in CTS and (2) alert plaintiff to the warning signs for CTS.

Plaintiff did not claim medical expenses.

The jury awarded $500,000.

Plaintiff's experts were Terrence Stobbe, ergonomics, Morgantown, W. Va.; Douglas Linz, occupational medicine, Cincinnati, Ohio; Dallas Crickenberg, orthopedic surgery, Roanoke, Va.; William Cobb, economics, Charleston, W. Va.; and Peder Melberg, vocational rehabilitation, Glen Allen, Va. Defendant's experts were George Page, ergonomics, Jackson, Mich., and Michael Vender, orthopedic surgery, Chicago, Ill. Plaintiff s Counsel:

*William Kvas, Minneapolis, Minn.