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Gipson v. Norfolk Southern Railway Co.

Case Summary:10-cv-2791

On November 4, 2010, plaintiff Reggie Frank Gipson filed a complaint for violation of the Federal Employers’ Liability Act in the United States District Court for the Western District of Tennessee against defendant Norfolk Southern Railway Company. The complaint alleged that plaintiff was injured while operating defendant’s unsafe and defective train switch. Defendant denied liability. A jury trial was held from May 30, 2012 through June 1, 2012. The jury returned a verdict on June 1, 2012, finding that plaintiff had failed to prove all four elements of the claim. The court entered judgment in favor of defendant.

Case Highlights

  • Complaint filed 11/04/12 [Doc #1]
  • Answer filed 1/5/11 [Doc #8]
  • Jury Trial 5/30/12-6/1/12
  • Jury Verdict 6/1/12 [Doc #63]
  • Judgment 6/1/12 [Doc #65]

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit Pacer.gov.

Reggie Frank Gipson v Norfolk Southern Railway (Part 1)
Reggie Frank Gipson v Norfolk Southern Railway (Part 1)
Reggie Frank Gipson v Norfolk Southern Railway (Part 1), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


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Reggie Frank Gipson v Norfolk Southern Railway (Part 2)
Reggie Frank Gipson v Norfolk Southern Railway (Part 2)
Reggie Frank Gipson v Norfolk Southern Railway (Part 2), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


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Reggie Frank Gipson v Norfolk Southern Railway (Part 3)
Reggie Frank Gipson v Norfolk Southern Railway (Part 3)
Reggie Frank Gipson v Norfolk Southern Railway (Part 3), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


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Reggie Frank Gipson v Norfolk Southern Railway (Part 4)
Reggie Frank Gipson v Norfolk Southern Railway (Part 4)
Reggie Frank Gipson v Norfolk Southern Railway (Part 4), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


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Reggie Frank Gipson v Norfolk Southern Railway (Part 5)
Reggie Frank Gipson v Norfolk Southern Railway (Part 5)
Reggie Frank Gipson v Norfolk Southern Railway (Part 5), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


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Reggie Frank Gipson v Norfolk Southern Railway (Part 6)
Reggie Frank Gipson v Norfolk Southern Railway (Part 6)
Reggie Frank Gipson v Norfolk Southern Railway (Part 6), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 7)
Reggie Frank Gipson v Norfolk Southern Railway (Part 7)
Reggie Frank Gipson v Norfolk Southern Railway (Part 7), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 8)
Reggie Frank Gipson v Norfolk Southern Railway (Part 8)
Reggie Frank Gipson v Norfolk Southern Railway (Part 8), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 9)
Reggie Frank Gipson v Norfolk Southern Railway (Part 9)
Reggie Frank Gipson v Norfolk Southern Railway (Part 9), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


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Reggie Frank Gipson v Norfolk Southern Railway (Part 10)
Reggie Frank Gipson v Norfolk Southern Railway (Part 10)
Reggie Frank Gipson v Norfolk Southern Railway (Part 10), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 11)
Reggie Frank Gipson v Norfolk Southern Railway (Part 11)
Reggie Frank Gipson v Norfolk Southern Railway (Part 11), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 12)
Reggie Frank Gipson v Norfolk Southern Railway (Part 12)
Reggie Frank Gipson v Norfolk Southern Railway (Part 12), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 13)
Reggie Frank Gipson v Norfolk Southern Railway (Part 13)
Reggie Frank Gipson v Norfolk Southern Railway (Part 13), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 14)
Reggie Frank Gipson v Norfolk Southern Railway (Part 14)
Reggie Frank Gipson v Norfolk Southern Railway (Part 14), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 15)
Reggie Frank Gipson v Norfolk Southern Railway (Part 15)
Reggie Frank Gipson v Norfolk Southern Railway (Part 15), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 16)
Reggie Frank Gipson v Norfolk Southern Railway (Part 16)
Reggie Frank Gipson v Norfolk Southern Railway (Part 16), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 17)
Reggie Frank Gipson v Norfolk Southern Railway (Part 17)
Reggie Frank Gipson v Norfolk Southern Railway (Part 17), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 18)
Reggie Frank Gipson v Norfolk Southern Railway (Part 18)
Reggie Frank Gipson v Norfolk Southern Railway (Part 18), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 19)
Reggie Frank Gipson v Norfolk Southern Railway (Part 19)
Reggie Frank Gipson v Norfolk Southern Railway (Part 19), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 20)
Reggie Frank Gipson v Norfolk Southern Railway (Part 20)
Reggie Frank Gipson v Norfolk Southern Railway (Part 20), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 21)
Reggie Frank Gipson v Norfolk Southern Railway (Part 21)
Reggie Frank Gipson v Norfolk Southern Railway (Part 21), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 22)
Reggie Frank Gipson v Norfolk Southern Railway (Part 22)
Reggie Frank Gipson v Norfolk Southern Railway (Part 22), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 23)
Reggie Frank Gipson v Norfolk Southern Railway (Part 23)
Reggie Frank Gipson v Norfolk Southern Railway (Part 23), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 24)
Reggie Frank Gipson v Norfolk Southern Railway (Part 24)
Reggie Frank Gipson v Norfolk Southern Railway (Part 24), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 25)
Reggie Frank Gipson v Norfolk Southern Railway (Part 25)
Reggie Frank Gipson v Norfolk Southern Railway (Part 25), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 26)
Reggie Frank Gipson v Norfolk Southern Railway (Part 26)
Reggie Frank Gipson v Norfolk Southern Railway (Part 26), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 27)
Reggie Frank Gipson v Norfolk Southern Railway (Part 27)
Reggie Frank Gipson v Norfolk Southern Railway (Part 27), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 28)
Reggie Frank Gipson v Norfolk Southern Railway (Part 28)
Reggie Frank Gipson v Norfolk Southern Railway (Part 28), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 29)
Reggie Frank Gipson v Norfolk Southern Railway (Part 29)
Reggie Frank Gipson v Norfolk Southern Railway (Part 29), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 30)
Reggie Frank Gipson v Norfolk Southern Railway (Part 30)
Reggie Frank Gipson v Norfolk Southern Railway (Part 30), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 31)
Reggie Frank Gipson v Norfolk Southern Railway (Part 31)
Reggie Frank Gipson v Norfolk Southern Railway (Part 31), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 32)
Reggie Frank Gipson v Norfolk Southern Railway (Part 32)
Reggie Frank Gipson v Norfolk Southern Railway (Part 32), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 33)
Reggie Frank Gipson v Norfolk Southern Railway (Part 33)
Reggie Frank Gipson v Norfolk Southern Railway (Part 33), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 34)
Reggie Frank Gipson v Norfolk Southern Railway (Part 34)
Reggie Frank Gipson v Norfolk Southern Railway (Part 34), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 35)
Reggie Frank Gipson v Norfolk Southern Railway (Part 35)
Reggie Frank Gipson v Norfolk Southern Railway (Part 35), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video

Reggie Frank Gipson v Norfolk Southern Railway (Part 36)
Reggie Frank Gipson v Norfolk Southern Railway (Part 36)
Reggie Frank Gipson v Norfolk Southern Railway (Part 36), Case Number 2:10CV2791, Jury Trial, 5/30/2012, 9:00 a.m. (CST), Clifford Davis/Odell Horton Federal Building, Memphis, Tennessee. Chief Judge Jon McCalla presiding.


Click to Play Video