SCRUGGS v. CHESAPEAKE AND OHIO RAILWAY COMPANY

Civ. A. No. 69-C-131-R.

320 F.Supp. 1248 (1970)

Lillie H. SCRUGGS, Personal Representative of the Estate of Robert H. Scruggs, Jr., deceased, Plaintiff, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, a corporation, Defendant.

United States District Court, W. D. Virginia, Roanoke Division.

December 24, 1970.


Attorney(s) appearing for the Case

William W. McVay, McArdle, McLaughlin, Paletta & McVay, Pittsburgh, Pa., and Edward S. Kidd, Jr., Roanoke, Va., for plaintiff.

Philip Lee Lotz, Lotz & Black, Staunton, Va., for defendant.


OPINION AND JUDGMENT

DALTON, Chief Judge.

On November 3, 1969 Robert H. Scruggs, Jr., age 46, unfortunately met his death while engaged in his duties as an employee of the defendant. His widow brought a suit as personal representative on December 9, 1969 although she did not actually qualify as such until February 5, 1970. A trial on the issues was had on June 22, 1970 and the jury returned a verdict for $345,000 which was apportioned $240,000 to the widow...

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