oct 1978 · West Virginia, United States
Railroad that kept a track laborer working about 27 hours at a derailment, then sent him off to drive 50 miles home, can be liable for his fall-asleep crash
A young section laborer for a railroad in West Virginia worked through the night clearing a derailment, repeatedly saying he was tired and wanted to go home, but was told he could not and was sent back to work until he was released after about 27 hours. The railroad drove him to his car 50 miles from home, although it offered to drive the rest of the crew to their homes; he fell asleep on that ride with a lit cigarette in his hand. Driving home, he hit the rear of another car and said he must have fallen asleep. The West Virginia Supreme Court of Appeals reversed a directed verdict for the railroad, holding that it could reasonably have foreseen the risk to other motorists and that duty and causation were for a jury.
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