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Railroad Injury/FELA
- Car Driver Trying to Beat Utah (UT) Commuter Train Kills Self, Passenger
- Norfolk Southern Required to Pay Multi-Million Dollar Penalty for Accident Releasing Toxic Chlorine Gas
- Teens' Deaths Raise Questions Over Controlling Pedestrian Access to Train Tracks
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Firm News
- FRA and NTSB Cite Fatigue as Contributing to Railroad Accidents
Posted on 3/11/2010 - Attorney Discusses Legal Tactics Railroad Companies May Take in Court
Posted on 3/9/2010 - Attorney Takes CSX to Task Over Forcing Woman to Crawl Under Trains
Posted on 2/18/2010 - Attorney Discusses Norfolk Southern Train Derailment
Posted on 2/2/2010 - Attorney Examines the Battle between Amtrak and Railroad Worker Unions
Posted on 1/20/2010
Library
Railroad Injury/FELA
- Railroad Worker Mesothelioma/Cancers: Learn Where the Toxic Asbestos Was and When the Rail Companies Knew It Was a Problem
- CSX, Norfolk Southern, and Other Rail Companies Looking at “Greener” Engines, but Appear to Neglect Health of Rail Workers.
- Here are some results from our railroad injury and FELA cases. After you've reviewed them, give our firm a call at 1-800-752-0042 for a free case analysis.
This is a list of our firm's case results. We can't guarantee you'll receive the same results, but we can guarantee we'll work tirelessly on your behalf and try to obtain the jury verdict/settlement you deserve.
DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
Rail yard injury - rotator cuff surgeries on conductor
COURT/DATE: Washington, D.C. Superior Court/January 2003
HSCL STAFF: Richard N. Shapiro, other firm attorney & Lawrence M. Mann, Attorneys Donald Case, Investigator Jackie Tilton, Paralegal Mary Wareing, Legal Assistant
WHAT HAPPENED: B.C., aged 55, was an yard conductor involved in moving a locomotive and passenger car in the rail yard beside Union Station when he was hurt on February 8, 1999. While guiding the movement of the two train cars from an open vestibule, a defect in the locomotive braking system caused the cars to emergency stop, crashing plaintiff against the metal walls while he attempted to retain a hand hold. The plaintiff was briefly unconscious, and suffered a head injury, bruised ribs, and right shoulder injury which right shoulder later required both arthroscopic and open rotator cuff repair. In late 2000, plaintiff's treating surgeon gave the opinion that plaintiff could never return to his yard conductor job, due to significant limitations in range of motion of the right extremity. During litigation, the railroad employer admitted fault and stipulated there was no contributory negligence on plaintiff. B.C. had earned $58,000.00 a year during his 25-year career with the railroad. The extent of impairment and plaintiff's wage loss were the main issues at trial, and the railroad claimed it would "accomodate" B.C. by altering one of more jobs it claimed were available to him. Ultimately, HSCL called a total of five medical and economic experts on behalf of B.C.
KEY HSCL STRATEGY: HSCL called rank-and-file workers who testified at trial that in reality this railroad typically does not accommodate workers, and that plaintiff would lose all of the substantial job seniority developed over his 25-year career as a conductor. Particularly, when defendant did not offer its written job descriptions as evidence, plaintiff offered two of the railroad's job descriptions and argued that the railroad was trying to hide evidence of the fact that the B.C. was not qualified for the positions with his limited transferable skills as well as doctor's restrictions. Further, B.C. mistrusted these "job opportunities", and he testified that railroad hired investigators had been staking out his residence out for a four-year period leading up to trial. The railroad attorney questioned plaintiff extensively about intimate details of his physical activities outside his home (which obviously were a result of surveillance),but on objection by HSCL attorneys, the Court disallowed the railroad from offering the actual tapes into evidence because surveillance was never disclosed on the Court's strict pre-trial disclosure order, and because Plaintiff had admitted virtually everything that was shown in the surveillance videotapes.
Awarded: $600,000
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Case Results
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.
Railroad Injury/FELA
- Shoulder Injury requiring surgery for Locomotive Engineer
- Locomotive Engineer with Shoulder and Knee Injuries
- Railroad Conductor gets back injury due to fall in ballast depression
- Railroad conductor/back injury-surgery/Safety Appliance act Violations
- Locomotive Engine Fire causes Rail Engineer right arm and wrist surgery
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: The case was settled at mediation for $700,000.00
FAQs
Railroad Injury/FELA
- What does Statute 51 of the FELA actually mean?
How is the FELA different from, or similar to, workers compensation?
- I was just diagnosed with cancer or mesothelioma. No one ever told me before that it was connected to railroad work I did many years earlier. Can I still bring a railroad injury or disease claim?