With extensive experience in the courtroom as well as with all aspects of litigation, from pre-lawsuit investigations to appellate work, John Graham’s practice focuses on vigorously defending the transportation and commercial industry. Much of his work is involved in the regular representation of Norfolk Southern Corporation and its subsidiaries and affiliated companies, and he is widely recognized as a leader in Class I railroad litigation. He can be counted on to master the details of a large portfolio of litigation while knowing and advancing the big picture goals for the client. Throughout the entire process, he gives frank and early assessments of a case, giving clients an early, realistic view of the case and what position to take. He believes in truly getting to know and understand the players and personalities in each case to put his client in a better position to resolve short of trial if that is ideal, or prevail at trial if needed.
John is an active member of his church and devoted father of four. He has previously served as an adult leader volunteer in the Boy Scouts of America, as well as Trail Life USA.
Experience
- Successfully defended Class I railroad as co-lead counsel in a claim for alleged occupational injuries by a dispatcher, saving the company from a likely floodgate of litigation by other dispatchers asserting similar claims. Due to the defense verdict received, no such other claims have been received.
- Represented a Class I railroad in a lawsuit arising from a grade crossing collision between a train and a loaded log truck. The case went to the Alabama Supreme Court, which ruled for the railroad, emphatically reaffirming the doctrine of “stop, look, and listen.” The successful resolution has drastically reduced the amount of grade-crossing litigation for all railroads through the State of Alabama.
- At both trial court and appellate level, he successfully defended a Class I railroad against a nuisance claim by a property owner whose residence was adjacent to the railroad tracks that were used as a staging area for coal trains. The success of this case was one of first impression in the state, shutting down a wide range of possible claims and setting important precedent for the railroad industry nationwide.
- Defended a Class I railroad at trial court and on appeal in a personal injury premises liability claim. As a result of the case and prior Alabama precedent cases, premises liability litigation against this client and other railroads in Alabama decreased significantly.
- Represented a major Georgia-based bank in a hotly-contested, complex commercial litigation case brought against it by one of its significant customers. The major victory for the bank saved not only its reputation but also the viability of other similar derivative agreements, including millions of dollars at stake that would have been jeopardized by anything other than a successful outcome of the case.