Woman awarded over $2 million in lawsuit vs. CSX
by By FRED PACE, EDITOR
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MADISON — A Boone County native has been awarded over $2 million in a lawsuit against railroad transportation giant CSX Transportation.

Angela Smith, a female trainmaster and yardmaster, filed a lawsuit against the company in 2007, according to one of her lawyer’s Harry M. Hatfield of Hatfield & Hatfield in Madison.

“She was terminated in retaliation for having filed a lawsuit against the company and as a result of her complaints of sexual harassment,” Hatfield told The Coal Valley News on Monday.

The civil action in Boone County Circuit Court lasted about four weeks.

The seven-member jury found that Smith was subjected to a hostile work environment, which is in violation of the West Virginia Human Rights Act.

The lawsuit claimed that Smith was allegedly a victim of sexual harassment at the Danville rail yards.

Smith, who grew up in the Ashford area, also alleged misconduct by a supervisor identified in the lawsuit as Earnest Wesley Knick.

The verdict said the company negligently retained Knick as an employee and that such negligence proximately caused the damages alleged by Smith.

The verdict also said that CSX did not adequately investigate or respond to the misconduct alleged by Smith and retaliated against her by firing her.

Smith was awarded back pay of $277,600 and front pay of $1 million. She also received $280,000 for “aggravation, inconvenience, indignity, embarrassment, humiliation, and emotional distress.”

The jury also awarded Smith punitive damages in the amount of $500,000 for a total of $2,057,600, Hatfield said.

“I think the many days of testimony and evidence showed the true facts of this case and the jury sided with Ms. Smith,” Hatfield said.

He said Smith has appealed her termination from CSX to a railroad arbitrator and that case is ongoing.

Boone County Circuit Judge William Thompson said Smith can’t received double damages and any amount she may get from arbitration would be deducted from her civil action verdict.

Hatfield said he expects CSX to appeal the decision.

“It’s too soon to appeal right now, but I would be shocked if they didn’t appeal when the time comes,” he said. “However, we plan on protecting this verdict.”

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