A 52 year old SEPTA conductor was awarded $562,500.00 in an action brought under the Federal Employers’ Liability Act. The Plaintiff was injured in July 2006 when two SEPTA trains ran into each other. SEPTA defended the case saying the impact was minor and was a “rough coupling”. SEPTA hired a team of orthopedic surgeons, neurologists and vocational experts who all gave the opinion that whatever injuries the Plaintiff sustained were minor and that he had no operations, no radiculopathy, and no objective signs of injury after three months. Plaintiff treated with his family doctor, received acupuncture and physical therapy. It was Plaintiff contention that he could no longer do his job as a conductor and was limited to light sedentary work. At the time of the injury, Plaintiff was in his early 50’s. SEPTA also defended the case saying Plaintiff would have retired at age 60 after having more than 30 years of railroad service.
Plaintiff’s doctors were of the opinion that he could no longer do his railroad job. Plaintiff testified that he had continuing problems as a result of the injuries.
Mitchell A. Kaye, Esquire of Coffey Kaye Myers & Olley represented the Plaintiff.
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