This case was brought pursuant to both the Federal Locomotive Inspection Act, as well as, the Federal Employers’ Liability Act. The plaintiff asserted that he sustained cumulative traumatic injuries to his cervical spine as a result of a 33 year career as a yard engineer for the defendant railroad. The defendant denied negligence and maintained that the plaintiff’s cervical condition was preexisting and age-related.
The plaintiff testified that he initially began working with the defendant railroad at the age of 19 and started his job as a locomotive engineer at age 20. The plaintiff worked principally at the defendant’s Eastside Yard in Philadelphia and was 53 years old at the time of trial. The plaintiff contended that he developed cumulative traumatic injuries to his cervical spine as a result of multiple rough train couplings throughout the course of his career. He claimed that increased stresses were caused to his cervical spine due to awkward posture, low back seats and locomotive seats that were improperly secured and braced.
The plaintiff was initially diagnosed with a left-sided carpal tunnel syndrome in April, 2005. Due to ongoing neck complaints, he was referred for a cervical MRI which revealed multi-level disc damage. The plaintiff underwent a cervical fusion in November 2007. The plaintiff claimed that his cervical condition forced his to stop working for the railroad in September 2007. Prior to surgery, the plaintiff’s treating physician opined that if the surgery was successful, the plaintiff could possibly return to a sedentary type job on a part-time basis. However, since the surgery, the plaintiff’s doctor reported that the plaintiff continues to suffer from cervical problems and will require additional cervical injections. Accordingly, the plaintiff’s treating physician indicated that post-surgery, the plaintiff is permanently disabled from any type of employment.
The defendant railroad contended that it was not negligent in any way. The defendant’s medical expert opined that the plaintiff’s neck condition was preexisting and age-related. The defendant argued that the plaintiff had violated various railroad operating rules by coupling trains at speeds greater that four miles per hour. The defense additionally claimed that the plaintiff was negligent for failing to report any physical problems to any of his supervisors and by failing to complain about the condition of the seats or alleged lack of sufficient training for the conductors. The defendant’s medical and vocational experts opined that the plaintiff could be employed in a light and sedentary type position.
After a two week trial, the jury found for the plaintiff under both the Locomotive Inspection Act and the Federal Employer’s Liability Act. Under the FELA, the defendant was found 78% negligent and the plaintiff 22% comparatively negligent. The plaintiff was awarded $2 million in damages. Post-trial motions are pending.
Plaintiff's Experts:
Plaintiff’s neurologist expert: Bruce Grossinger from Philadelphia, PA. Plaintiff’s orthopedic surgeon expert: Ronald Greene from Philadelphia, PA. Plaintiff’s ergonomic expert: Robert Andres from Pelham, MA. Plaintiff’s vocational expert: Donald Jennings from Philadelphia, PA. Plaintiff’s economist expert: Andrew Verzilli from Lansdale, PA.
Defendant's Experts:
Defendant’s ergonomist expert: Dennis Mitchell from Feasterville, PA. Defendant’s biomechanical expert: John Trimble from Long Island, NY. Defendant’s vocational expert: Donna Kulick from Pittsburgh, PA. Defendant’s occupational medicine specialist expert: Stephen Dawkins from Atlanta, GA.
Lockley vs. CSX Transportation. Case no. 06-07-3999; Judge Frederica A. Massiah-Jackson, 5-2-08
Attorneys for plaintiff:
Michael J. Olley of Coffey, Kaye, Myers & Olley in Philadelphia, PA and David Lockard of David Lockard & Associates in Philadelphia, PA.
Attorney for defendant:
T.H. Lyda and Stephen A. Hall of Burns, White & Hickton in Pittsburgh, PA.
Jury Verdict Review & Analysis, Vol. 26, Issue 7, June 2008
BACK
|
