Ratliff v. Norfolk Southern Railrway Co.

The West Virginia Supreme Court reversed a summary judgment ruling in favor of Norfolk Southern Railway Co., and reinstated a Federal Employer’s Liability Act (FELA) mesothelioma wrongful death claim of his widow, Freda Ratliff, in a 5-0 decision handed down on March 12, 2009 (Ratliff v. Norfolk Southern Railway Co, Civil Action No. 05-C-423). The Court ruled that a “separation agreement” release of all claims, known and unknown, that train engineer Ratliff signed 19 years before developing mesothelioma, was void under a provision of the Federal Employer’s Liability Act, section 55, which prohibits railroad efforts to exempt itself from liability. Ratliff attorney, Richard N. Shapiro offered that “on behalf of the Ratliff estate and family, we are grateful that the Supreme Court agreed with our position, that a separation agreement release could not bar a mesothelioma FELA claim, when the disease was first diagnosed 19 years after Mr. Ratliff’s retirement. This terrible asbestos cancer cut short Mr. Ratliff’s golden years, and in a horrible way at that.”