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HSCL STAFF: Richard N. Shapiro and other firm attorney; Donald Case, investigator;Jackie Tilton-Hunsberger, Roz Hughes, paralegals; Sherri Carter, legal assistant WHAT HAPPENED: A railroad engineer was operating a locomotive engine when fire suddenly broke out from the engine area causing sudden flame and smoke in the engine cab. The engineer was forced to exit the locomotive cab and to quickly dismount from the engine and at the time of dismounting or in falling from the moving engine, he suffered an arm and hand injury. The delicate orthopedic surgery left him with a significant impairment with his right hand and ultimately his surgeon medically disqualified him from working as a locomotive engineer. HSCL STRATEGY: First, HSCL conducted a corporate representative deposition of the railroad and investigated all the locomotive inspection reports and documents and determined that there was a known defect with regard to the engine. Based on the materials reviewed and the depositions, HSCL asserted that the railroad was strictly liable to our client because it violated the Locomotive Inspection Act. We also analyzed and presented key evidence at the mediation, including fire or flame damage to the engineer's grip. We also carefully created medical illustrations showing the anatomical injuries to our client's wrist and hand. Last, we also obtained an economic analysis of the engineer's lost wages, as well as a vocational counselor's report on the substantial lost income because the engineer would be forced to retrain for some other occupation.
Awarded: The case was settled at mediation for $700,000.00
Main VA Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042
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Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162
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North Carolina Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Toll Free: 1-800-752-0042
Get Directions
Main VA Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042
Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162
North Carolina Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Toll Free: 1-800-752-0042
DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
Awarded: The Jacksonville, Florida State Court jury returned a $978,000.00 verdict in favor of TA against the railroad.
Awarded: Several days before court-ordered mediation, the parties arrived at a settlement of $950,000.00.
Awarded: The case was settled for $900,000
Awarded: Confidential
How is the FELA different from, or similar to, workers compensation?