McDowell County Couple Sues Norfolk Southern Railway in Civil Tort Complaint

The West Virginia Circuit Court for McDowell County received a civil tort complaint on March 23, 2026, filed by Welch-area residents Randall Justus and Mary Justus against Norfolk Southern Railway Company, docketed as CC-27-2026-C-25.

The filing names Norfolk Southern Railway Company as the primary defendant. No additional defendants were listed in the docket entry. The nature of the alleged tort, the specific damages sought, and the circumstances that led to the lawsuit were not disclosed in the court filing.

Norfolk Southern is a Class I freight railroad headquartered in Atlanta, formed in 1982 through the merger of the Norfolk and Western Railway and Southern Railway, and operating more than 19,000 route miles across 22 eastern states. The railroad's predecessor, the Norfolk and Western, built its main line across McDowell County as part of its westward expansion through southern West Virginia toward the Ohio River. A double-track main line running along U.S. 52 through Welch, the county seat, remains part of the Norfolk Southern network today.

The tort complaint joins a growing body of litigation against the Atlanta-based railroad. A separate West Virginia homeowner's lawsuit alleged that Norfolk Southern Railway's diversion of a creek threatened the foundation of her house, a case that reached the Fourth Circuit Court of Appeals. Another West Virginia action involved a former employee suing Norfolk Southern Railway Company for injuries suffered during his employment.

The Justus case is assigned to the McDowell County circuit court. No hearing dates had been scheduled as of the filing date. Norfolk Southern had not issued a public response to the complaint.