Engineer Suffers Arm and Shoulder Injury in Fall During Crossing Collision - Develops Reflex Sympathetic Dystrophy - Ohio Jury Returns $750,000 Verdict Against Conrail for Failure to Train Regarding Actions in Crossing Emergency.

The plaintiff, an engineer was operating a Conrail freight train near Columbus, Ohio in May 1994 when the accident occurred. As the plaintiff was proceeding along the tracks, he noticed a pick-up truck carrying gasoline tanks approaching a rural crossing up ahead in the distance. The plaintiff immediately began to blow the whistle but the truck stalled on the tracks. The plaintiff threw the train into emergency and continued to blow the whistle. The truck driver got out of the truck and ran to the side of the track, leaving the stalled truck on the tracks. As the plaintiff continued to pull on the whistle handle, the whistle handle broke off and the plaintiff fell to the floor, injuring his arm and shoulder. The plaintiff eventually developed reflex sympathetic dystrophy syndrome in his arm and was to return to his job as the locomotive engineer.

The plaintiff claimed that the defendant failed to properly and adequately train the plaintiff and other Conrail trainmen with regard to what their response should be in an emergency involving a potential crossing accident. The plaintiff, because he saw gasoline tanks on the truck, essentially panicked, believing that there would be an explosion and therefore, did not have enough time to get to a position of safety inside the cab. The plaintiff’s expert maintained that the safest place in the cab for this accident would have been in the nose of the engine, but the plaintiff had not been trained regarding getting into a safe place position in the event of a potential crossing collision. A jury found a $750,000 verdict. The jury did not find violation of the Boiler Inspection Act, but did find negligence in failing to provide proper training and a reasonably safe place to work. The jury also found in favor of the third party defendant truck driver. An appeal by the railroad was pending.

Plaintiff's Expert: William Bogett, railroad safety, Downers Grove, IL.

Michael Dent v. Consolidated Rail Corp., U.S. District Court, Southern District of Ohio, Case No. 95-458.

Michael J. Olley, Coffey and Kaye, Bala Cynwyd, PA for the plaintiff.
Philip Howes and Joseph Erwin for the railroad.
William Christianson for the truck driver.

FELA Reporter, Vol. 11, No. 11, November 1998

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