$5,000,000.00 Engineer, conductor and brakeman v. Railroad and trucking company (confidential settlement) – Tulsa, OK. A railroad engineer, conductor and brakeman suffered severe injuries (primarily lumbar spine injuries) in a grade crossing collision in Canadian County, OK when a dump truck hauling a load of sand drove in front of their train.
$4,000,000.00 Locomotive engineer v. Railroad and trucking company (confidential settlement) – New Orleans, LA. Engineer perished from burn injuries when the freight train he was operating collided with a gasoline tanker truck at a railroad crossing.
$3,465,000.00 Crew members v. Railroad (confidential settlement) – Orlando, FL. We represented several crew members of a train involved in a derailment which occurred allegedly due to defective and poorly maintained railroad tracks. Our clients suffered various physical injuries, none of which were life-threatening, and indeed none required any surgery. However, a few of these crew members required treatment for post-traumatic stress disorder resulting from the horror they experienced in this derailment.
$2,250,000.00 Machine operator v. Railroad and third party contractor (confidential settlement) – New Orleans, LA. Below the knee leg amputation. Our client was a machine operator working for an independent contractor when he was violently struck by a passing train. Both the railroad and our client’s employer blamed our client for his own negligence in causing his accident during the entire case until immediately before trial, when they suddenly reversed course and decided to settle the case rather than allow a jury to determine their fate.
$2,225,000.00 Engineer, fireman and conductor v. Railroad (Court Sealed Settlement) – Maryland. Our clients suffered career-ending injuries when their train was struck by another train, causing a derailment. Two of the workers required surgery, but none of the injuries were life-threatening.
$2,090,000.00 Railroad crew members v. Railroad – Virginia (confidential settlements). Several on-board service workers suffered injuries when the railroad failed to give a required warning to the crew that a coupling was about to take place, and the cars coupled at great speed with an unusual, violent force. Our clients were thrown around the train upon impact and suffered various injuries, two of which were career-ending.
$1,800,000.00 Train Attendant v. Railroad – Philadelphia, PA. We represented a lead service attendant who was injured when her speeding train horrifically derailed and the car upon which she was working left the tracks and was thrown on its side. Our client suffered physical injuries to several areas of her body (including her head, neck, back, arm, ankle and foot), but none of the traumatic injuries were terribly serious or required any surgery. More significantly, however, she experienced agonizing psychological injuries, including PTSD, nightmares and flashbacks which required psychiatric treatment and prevented her from returning to work at the railroad. We successfully negotiated a 1.8 million dollar settlement with the railroad to resolve this case.
$1,750,000.00 Conductor v. Railroad – Philadelphia, PA. Our client was performing her job duties when her train suddenly catastrophically derailed. She was actually fortunate to have sustained no life-threatening injuries, but she did suffer a broken tooth, TMJ and underwent ankle surgery to relieve constant swelling in her ankle and foot. She also experienced post-traumatic stress disorder which precluded her return to work on the train. The case settled for $1,750,000.00.
$1,709,617.00 Railroad and trucking company offered $300,000 to settle case. Jury awarded our client, a railroad conductor, a $1,709,617 verdict against his railroad and the trucking company involved in his accident. New Orleans, LA – Crossing accident involving our client’s train and a tractor-trailer at a railroad crossing, in which our conductor suffered injuries to his shoulder and neck, requiring surgery.
$1,550,000.00 Crew members v. Railroad (confidential settlement) – Maryland. Several crew members were involved in a derailment allegedly resulting from defective track, upon which defendant railroad had begun making repairs approximately one week prior to the derailment. None of the injuries to any of the crew members were catastrophic and all of them returned to their regular railroad jobs, except for one, who required knee surgery.
$1,500,000.00 Conductor v. Railroad – West Palm Beach, FL. Below the knee leg amputation. Our client (a sixty-one year old conductor) was involved in a slow-speed one car derailment in a hotly contested liability case wherein our conductor was accused of violating specific railroad safety and operating rules and allegedly causing his own injuries.
$1,500,000.00 Railroad offered $100,000 to settle case. Jury awarded locomotive engineer $1,500,000 verdict – Washington, D.C. Our client injured his neck when he tripped over a bucket of sand used to hold the crew room door open at railroad’s facility. Railroad contended it was not at fault and heavily disputed the extent of the engineer’s injuries, primarily a neck injury which required surgery.
$1,500,000.00 Conductor v. Railroad – New York. We represented a conductor who was injured while collecting tickets when her train collided with another train. Our client underwent surgery to her left knee, hip and wrist. The railroad insisted that our client’s injuries all pre-dated the derailment because she was already sixty (60) years old, and had only worked at the railroad for less than four years. The case settled shortly before trial for 1.5 million dollars.
$1,450,000.00 Conductor v. Railroad – Philadelphia, PA. We represented a conductor who was injured when the speeding train upon he was working disastrously derailed. He frantically attempted to assist his seriously injured passengers in the aftermath of the derailment before tending to his own injuries. He suffered several physical injuries, the most prominent being two broken teeth, one of which required surgical extraction, and traumatically injured vertebrae in his neck. He made an excellent recovery from his physical injuries, and his medical bills only totaled slightly more than $16,000 for accident-related treatment. However, he endured disturbing post-traumatic stress disorder in the form of flashbacks and constant memories of the terror that he experienced, witnessed and heard when this horrific derailment occurred.
$1,300,000.00 Crew members v. Railroad and trucking company (confidential settlement) – Mississippi. We represented five crew members who were injured when their train struck a truck which allegedly improperly blocked the railroad tracks and caused a grade crossing collision. None of the crew members’ injuries were life-threatening, and all returned to their regular railroad jobs except for one (a sixty-four year old train attendant who suffered a back injury, but did not require surgery).
$1,250,000.00 Conductor v. Railroad (confidential settlement) – Louisiana. Partial foot amputation. Our client slipped on allegedly uncontrolled vegetation near railroad tracks and roadbed which caused him to fall, resulting in his right foot being partially amputated by the unexpected movement of a train.
$1,059,636.00 Locomotive engineer v. Railroad and Trucking company – Alabama. Engineer was operating a freight train involved in a crossing collision with a tractor trailer. Our client jumped from the moving train and suffered fractures to his ankle, requiring surgery and rendering him unable to return to railroad employment.
$1,020,000.00 Railroad and Industry offered $35,000 to settle case. Jury awarded $1,020,000 verdict to railroad conductor and switchman injured in Louisiana. Our clients suffered inhalation injuries when they were allegedly exposed to noxious chemicals in an industry while performing railroad duties. Defendants collectively claimed that our clients were grossly exaggerating their inhalation injuries from this exposure – – – The jury clearly disagreed.
$950,000.00 Truck Driver v. Tire Manufacturer and Ins. Co. – New Orleans, LA. We represented a driver of an 18-wheeler who was injured when a relatively new left front tire on the vehicle suffered a catastrophic failure and the treads separated, causing the truck to careen off of the roadway and into a tree. Our client suffered a detached retina and a fractured leg which required emergency surgery. Liability experts were retained on both sides, and the defendants collectively argued that our client was at fault for continuing to drive the vehicle after he suspected that something seemed irregular about the tire for a couple of weeks before the accident occurred. The case settled shortly before trial for $950,000.00.
$900,000.00 Locomotive engineer v. Railroad (confidential settlement) – Alabama. Our client was sitting on a locomotive when a runaway boxcar rammed into the locomotive unexpectedly, causing lumbar injuries and surgery.
$800,000.00 Locomotive engineer v. Railroad (confidential settlement) – Georgia. Engineer was involved in a slow speed derailment and required lumbar surgery, preventing his return to work in his railroad job.
$772,000.00 Railroad offered $0.00 to settle case. South Carolina jury awarded our client $772,000 verdict for cumulative trauma injuries to his hands and feet suffered over a 30 plus year career at the railroad. The railroad completely denied any liability and refused to ever make any offer in this case before the jury reached its verdict. Following the verdict and while on appeal, the case settled for a confidential amount.
$750,000.00 Locomotive engineer v. Railroad and Trucking Co. (confidential settlement) – New Orleans, LA. Our client was injured in a grade crossing collision with an 18-wheeler, required neck surgery and was unable to return to work at the railroad.
$700,000.00 Case settled after four days of trial in Columbia, SC. Engineer was delivering freight cars to a local industry, when a vinyl strip that was hanging down from a warehouse opening struck his head, resulting in a disabling neck injury. The court granted a directed verdict on liability for our client following the fourth day of trial, and the railroad settled for $700,000.
$700,000.00 Locomotive engineer v. Railroad (confidential settlement) – South Carolina. Engineer was involved in a grade crossing accident in South Carolina and suffered back injuries which did not require any surgery, but did prevent him from returning to work in his railroad job.
$675,000.00 Switchman v Railroad – New Orleans, La. Our client attempted to throw a switch that was spiked but had no warning tag, suffering a low back injury which prevented his return to work.
$675,000.00 Conductor v. Railroad – Washington, D.C. Our client attempted to manually straighten a drawhead between railroad cars which did not couple automatically as designed upon impact and suffered lumbar injuries, requiring surgery and rendering him unable to return to work as a conductor.
$612,500.00 Conductor v. Railroad (confidential settlement)- New York. Our client was injured when he stepped onto a station platform which he claimed was cracked and poorly maintained, injuring his knee. He underwent knee surgery and was unable to continue in his job as a yard conductor. The railroad claimed no liability because its photographs taken of the platform shortly after the accident demonstrated no defects. The railroad also claimed that our client’s injuries were pre-existing osteoarthritis of the knee. The case settled on the Friday before trial for $612,500.00.
$600,000.00 Locomotive engineer v. Railroad (confidential settlements) – New Orleans, LA. We represented an engineer who suffered an ankle injury, requiring surgery when he allegedly tripped in uncontrolled vegetation adjacent to a railroad track. We further alleged in a separate action that this engineer suffered from cancer related to years of exposure to carcinogenic agents in several industries in which he worked while performing his engineer job duties. The railroad feverishly denied liability in both actions, but the cases ultimately settled for $600,000.
$556,000.00 Conductor v. Railroad – Hampton, SC. We represented a conductor who was injured while attempting to line a retarder tower railroad switch, which we alleged was defective and stiffened unexpectedly, causing our conductor to injure his lumbar spine and undergo surgery. The railroad denied that the accident ever happened, but eventually settled the case for $556,000.
$550,000.00 Engineer v Railroad and Trucking Co – Alabama. We represented a locomotive engineer who was injured and unable to return to work following a crossing accident.
$500,000.00 Engineer v Railroad – Alabama. We represented a Locomotive Engineer who was injured when the train that he was operating was sideswiped by another train during a yard switching movement.
$500,000.00 Switchman v Railroad – South Carolina. We represented a switchman who was injured during a coupling operation suffering a partial amputation of several toes which did not prevent his recovery and return to work.
$500,000.00 Conductor v. Railroad (confidential settlement) – Washington, D.C. In an unusual case, we represented a conductor who contracted a rare disease called goodpasture syndrome. After some research and discussion with a medical expert, we decided to file a lawsuit against the railroad blaming this disease on the conductor’s many years of inhaling noxious toxins (including diesel fumes) emitted from locomotive engines in and around the areas he worked and took breaks. After a contentious discovery period in which the railroad vehemently denied liability, the railroad agreed to settle the case for $500,000.
$500,000.00 Conductor v. Railroad – Baltimore, MD. We represented a conductor who fell down the stairs of a railroad car after it allegedly abruptly came to a stop with absolutely no warning to our client. Our conductor suffered lumbar injuries which did not require surgery, but prevented his continuing in his career at the railroad.
$500,000.00 Railroad Food Specialist v. Railroad – Fairfax, Va. Our client was thrown against the door of a café car in a passenger train when the train violently jerked and oscillated to the point that it nearly derailed. She suffered injuries to her hand, shoulder, leg and neck as well as PTSD, but none of the injuries were serious enough to warrant surgery. She was unable/afraid to return to work in her regular job on the train. The railroad paid $500,000.00 to settle the case the week prior to the scheduled commencement of trial.
$500,000.00 Train Attendant v. Railroad, Shuttle Bus Owner and Taxi Co. – Chicago, Ill. Our client was a passenger in a shuttle van which was transporting railroad employees from the hotel the railroad contracted with and the train that our client was scheduled to work on. While en route, a taxi driver allegedly lost control of his vehicle and collided with the shuttle van. Our client suffered injuries which required surgery to both his neck and shoulder. Despite missing approximately one year of work, our client made an excellent recovery and was able to return to his job as a train attendant. After initially disputing liability, the defendants jointly paid $500,000.00 to settle the case.
$490,335.39Railroad offered $50,000 to settle case. Court in New Orleans, LA awards $490,335.39 verdict to a yard foreman who was injured when the ground upon which he was walking allegedly “gave way” in the railroad yard. Our client suffered an injury to his ankle and foot and required surgery to remove a cyst. The railroad appealed the Court’s ruling, but the Court of Appeals upheld the verdict in favor of our client.
$475,000.00 Train attendant v. Railroad – New Orleans, LA. We represented a train attendant who suffered a torn rotator cuff in his shoulder when he attempted to drop a heavy bag of laundry from the second level of a railroad car down to the first level. Our client underwent shoulder surgery and was unable to resume his railroad employment.
$475,000.00 Conductor v. Railroad – Richmond, VA. Our conductor claimed to have tripped and fallen when his foot “clipped” a rut in the carpet on one of the steps in the stairwell of the train upon which he was working. He allegedly lost his balance and swung awkwardly when grabbing the railing adjacent to the steps, injuring his back in the process. He underwent lumbar surgery and was unable to return to his regular railroad job. The railroad denied that the un-witnessed accident ever happened.
$450,000.00 Conductor v. Railroad – Fairfax, VA. Our conductor client was mounting a locomotive in an awkward position due to previously reported unsafe ballast conditions. The ballast was so low that the bottom of the crossties were exposed, forcing our client to hyper-extend his foot and leg in order to climb onto the engine. He ultimately underwent surgery to repair severe damage to his knee. The railroad claimed that his injuries were merely degenerative osteoarthritis, not caused in any way by this incident. Indeed, our client had undergone prior knee surgery to the very same knee before this incident. The railroad also argued that it had extensive surveillance on our client (hunting in a deer stand, etc.), and claimed that he was magnifying his injuries. We were undeterred and disputed that these surveillance videos (and tactics) had any relevance whatsoever, and would actually backfire on the railroad in front of an educated jury.
$450,000.00 Lead Service Attendant v. Railroad – Prince Georges Co., MD. Our client was moving 15-20 pound “totes”, which were stacked one on top of the other, to clear them from the walkway where passengers needed to walk on her train. While pushing these totes, she encountered an area on the floor of the railroad car where the threshold had lifted because the carpet had bundled. As our client pushed the totes over this raised threshold, the totes separated and caused her to suffer a violent fall. Our client ultimately underwent lumbar spine surgery and was unable to return to her railroad job. The railroad argued that our client was solely at fault for violating a safety rule which prohibited “pushing” the stacked totes, as opposed to lifting and moving them one at a time. Nonetheless, the railroad paid $450,000.00 to settle the case.
$450,000.00 Service attendant v. Railroad (confidential settlement) – Philadelphia, PA. Our client suffered an alleged knee injury when her train “lurched” more violently than it typically would. Our client suffered a knee injury and required a total knee replacement surgery. The railroad argued that lurches are a natural part of railroading, and that our client’s injuries clearly pre-existed this incident (if indeed any incident occurred at all).
$435,000.00 Conductor v. Railroad – Cumberland, MD. Our conductor was working on a train which collided into the rear of another train in Maryland, allegedly because of a failure to observe and/or obey a restricted signal indication. Our fifty-seven year old client was treated for lower back pain and was unable to return to his railroad job, but he did not undergo any surgery.
$433,000.00 Oil company offered $50,000 to settle case. Jury in New Orleans, LA awarded a $433,000 verdict to our client, an offshore worker who suffered a back injury when he tripped over a “valve stem” which was allegedly protruding from the floor of the rig upon which he was working. The oil company argued that the accident was 100% our client’s fault, as it was his job to remove any hazards or obstructions (if indeed any really existed) from the floor of the rig. Interestingly, the oil company originally offered $100,000 to settle this case, and subsequently reduced its offer to $50,000 before the jury rendered its $433,000 verdict.
$425,000.00Conductor v. Railroad – Baltimore, MD. Our client was injured when she slipped in untreated black ice while walking along the platform in a railroad station. This conductor required surgery to her knee and was unable to return to work in her regular railroad job, opting instead for an alternate position at the railroad.
$400,000.00 Train Attendant v. Railroad – Charlottesville, Va. Our client was setting a table for dinner for her passengers when the locomotive engineer, who was in training, sped around a curve at a speed 20 MPH in excess of the limit in that area of track. Our client’s left leg twisted awkwardly, and she was initially diagnosed with a sprained ankle and knee. She eventually underwent knee surgery. The railroad had no plausible argument on liability, but it defended the case with evidence that our client had terrible prior knee problems less than one year before being hired by the railroad. The argument was that our client was hired under false pretenses. Additionally, the railroad attempted to argue that another employee (a chef) who was working directly next to our client when the accident occurred, suffered absolutely no injuries whatsoever in this “minor” incident. Nonetheless, the case settled for $400,000.00.
$400,000.00 Service Attendant v. Railroad – Prince George’s County, MD. Our client was injured when a metal cabinet door on the train swung open and struck her in the head. She underwent surgery to her cervical spine, which the railroad vehemently insisted was pre-existing and had absolutely nothing to do with this “minor” incident. Following this accident, our client was able to return to the railroad in a job that was less physically demanding than her job as a service attendant.
$400,000.00 Carman v. Railroad – New Orleans, LA. Our client was lifting an end of train (EOT) device in order to place it on the rear of a train when he allegedly injured his neck, requiring surgery. The railroad vehemently denied that plaintiff even had an accident at work, arguing instead that he only claimed an on-the-job injury after he was summoned to his supervisor’s office for missing work without proper authority. Nonetheless, the railroad paid $400,000 to settle the case.
$400,000.00 Locomotive engineer v. Railroad – Galesburg, IL. Our client alleged injuries to his back from two separate accidents – – – the first which occurred when he slipped and fell on a patch of ice on a dirt road adjacent to a railroad platform; and the second when he stepped in a hole in a railroad terminal. The railroad strenuously argued that our fifty-eight year old client clearly suffered from pre-existing back injuries which required well over 100 chiropractic visits over a twenty-five year period prior to these two accidents.
$395,000.00 Conductor v. Railroad – New Brunswick, NJ. Our client had two separate highly contested accidents: First, he tripped in the vestibule of a train when a “rubber strip” popped up from the floor; and second, he tripped over a computer cord while taking a conductor certification test at the railroad’s facility. The railroad contended that our client was responsible for his own accidents by his own inattentiveness. Our conductor had total knee replacement surgery for a diagnosis of “osteoarthritis” in his knee which had required previous surgery before these two accidents occurred, and the railroad asserted that the injuries were pre-existing. Our client missed one year of work following the accidents for surgery and rehabilitation, but thereafter returned to work full-duty as a conductor.
$375,000.00 Chef/Train Attendant v. Railroad – Fairfax, Va. Our client was injured when her train suddenly and unexpectedly “lurched” and she was tossed against a wall. She injured her knee and underwent arthroscopic repair. The railroad quarreled with liability in this case, as it claimed that lurches are just a normal part of train movement, and that it was not responsible for something that occurs on its trains on a regular basis. Even more troubling was that our client did not report this incident or fill out an accident report until 21 days following the incident. Finally, the railroad disputed medical causation, as “arthritis” was the primary diagnosis after the incident occurred. Nonetheless, we were successful in negotiating a $375,000.00 settlement shortly before trial.
$365,000.00 Conductor v. Railroad – Washington, D.C. Our conductor injured his shoulder (requiring rotator cuff repair surgery) when he attempted to assist a passenger with an allegedly overweight piece of luggage as she boarded the train. The railroad argued that our client did not timely report his accident and it was, therefore, impossible to ever determine the weight of this allegedly heavy bag. It further argued that our client violated several safety rules in using improper lifting techniques in causing his own accident.
$350,000.00 Conductor v. Railroad – Philadelphia, PA. We represented a conductor who was working on a train which was struck (unintentionally coupled) by another train moving at 5 MPH because our client’s co-worker (another conductor) negligently mishandled his blue flag protection responsibilities. Our client underwent shoulder and neck surgery, but she made an excellent recovery and was able to return to work in her regular job as a conductor. The railroad argued that she had terrible pre-existing medical conditions, as she had been diagnosed with a herniated disc in her neck several years before this accident.
$350,000.00 Baggage handler v. Railroad (confidential settlement) – Washington, D.C. Our client dismounted a train and stepped into a broken/cracked area of concrete, causing him to violently fall and injure his back. While this baggage handler did not require any surgery, he was unable to return to his railroad job. The railroad claimed that our client suffered no real injuries (and it completely denied that he even fell at all), and the railroad’s doctor opined that there was absolutely nothing wrong with our client’s back nor any reason why he could not return to his railroad job.
$350,000.00Railroad Chef v. Railroad (confidential settlement) – New York, NY. Our client injured his back while hurriedly attempting to load stock onto his train for an immediate departure. The railroad denied any liability and claimed that this chef used improper lifting techniques and violated company rules by attempting to do his job in a hurry. Our client did not undergo any surgery, but was unable to return to his chef’s job. In addition to a $350,000 settlement, the railroad also agreed in writing as a part of the settlement to place our client in an alternate job either within or outside of the railroad.
$300,000.00 ++ Conductor v. Railroad – New York. Our client was injured when the “rail spread” and the locomotive engine upon which he was working banged against a tunnel wall. Our client suffered soft tissue injuries to his back, but did not require any surgery. The railroad claimed that our client was exaggerating his injuries and should have returned to his conductor’s job shortly following the accident. The case settled for $300,000.00, with an agreement that the railroad would assist our client for six months post-settlement (at the railroad’s expense) to attempt to find comparable paying light-duty employment to his conductor’s job. As part of the settlement, the railroad further agreed to pay all of our client’s ongoing medical expenses for a period of one year following the settlement.
$300,0000.00 Conductor v. Railroad (confidential settlement) – New Orleans, LA. Our client suffered cumulative trauma injuries over the course of his railroad career which we alleged caused intractable pain in his elbow, requiring surgery and precluding him from returning to his railroad job. We argued that the strenuous and repetitive nature of his job tasks (including lining switches, tying handbrakes, lifting railroad knuckles, manually moving drawheads, etc.) caused or contributed to his career-ending injuries. The railroad claimed that our client’s injuries were simply degenerative in nature and that it would be impossible to prove any causative relationship between these injuries and plaintiff’s job duties. Nonetheless, the railroad paid $300,000 to settle this case before trial.
$290,000.00 Railroad electrical lineman-trainee v. Railroad – Newark, NJ. Our client suffered a shoulder injury, requiring surgery when she attempted to maneuver an electric drill which allegedly sprung back unexpectedly and injured her shoulder. The railroad argued that the trainee disregarded specific instructions regarding proper use of the electric drill, but we were successful in proving that the railroad had not properly trained our client in the proper procedure necessary to safely handle this drill. Following a court-ordered arbitration award of $275,000 in our client’s favor, the railroad settled the case for $290,000.
$287,500.00 Coach cleaner v. Railroad (confidential settlement) – Washington, DC. Our client was attempting to lift and maneuver an allegedly heavy and awkward vacuum cleaner/shampoo machine on a train when he felt a sharp pain in his back. He did not undergo any surgery, but was unable to return to work at the railroad for unrelated medical reasons. The railroad argued that this coach cleaner was derelict in not seeking assistance if he thought this vacuum cleaner/shampoo machine was too heavy to move on his own, but still paid $287,500 to settle his case without any surgery.
$280,000.00 Conductor v. Railroad – Wilmington, DE. Our client was injured in two separate incidents: First, he tripped and fell in uneven and poorly maintained ballast in dark conditions; and second, he slipped and fell in an icy, slick parking lot he was required to use to perform his railroad job. He was required to undergo arthroscopic knee surgery. The railroad blamed our client’s own inattentiveness for both of his accidents (and denied that the second incident even occurred). The railroad (and its doctor) further blamed 100% of our client’s knee problems on his “morbid obesity”, claiming that his pre-accident weight caused severe issues with both of his knees. The case settled for $280,000.00.
$275,000.00 Railroad offered $50,000 to settle case. South Carolina jury awarded $275,000 verdict to a locomotive engineer who broke his ankle while stepping from the platform on one locomotive engine to another. Our engineer lost only $6,000 in wages, did not require any surgery to his ankle and returned to full duty work at the railroad within two months of his accident.
$275,000.00 Conductor v. Railroad – Washington, D.C. Conductor suffered a neck injury when a panel became dislodged from a ceiling on his train and struck his head. He did not require any surgery and the railroad downplayed his injuries as very minor, but the case settled for $275,000.
$275,000.00 Passenger Rail Train Attendant v. Railroad – Los Angeles, CA. Our client was working as a dining car attendant when she was struck in the leg by a piece of luggage being carried by a passenger on the train. There was a serious dispute over whether the passenger bumped into our client purposely or accidentally. Our client suffered injuries to her knee which required arthroscopic surgery. The railroad vociferously defended the case by claiming that it had absolutely no liability whatsoever for any negligent or intentional actions this passenger was responsible for. Notwithstanding its defenses, the railroad paid $275,000 to settle this case shortly before trial.
Locomotive engineer v. Two railroads (confidential settlement) – Maryland. Our client was the Engineer on a train which derailed, injuring several passengers and crew-members. Our engineer missed virtually no time from work and suffered very minor physical injuries, but did seek treatment for post-traumatic stress disorder (PTSD). Despite the lack of any surgery or lost wages, the railroads settled the case for $275,000.
$258,000.00 Railroad offered $35,000 to settle case. New Orleans, LA Jury awarded $258,000 verdict to a railroad carman who suffered injuries to his back while attempting to lift and move an end of train (EOT) device. Our client injured his back, but did not require any surgery and returned to work at the railroad. Our client had given a very incriminating recorded statement to the railroad’s claim agent in which he all but admitted that the accident was not the railroad’s fault, and the railroad relied heavily on this recorded statement at trial. However, the jury believed our client’s credibility at trial and correctly felt that he had been coerced into giving that recorded statement by a highly skilled and well-trained railroad claim agent.
$250,000.00 New Orleans Tourist v. Insurance Company – New Orleans, LA. Our client was visiting New Orleans and decided to take a tour of the French Quarter on a mule drawn carriage. During her ride, the right front tire became dislodged from the carriage and the operator departed the carriage to fetch the tire. The mule then began sprinting down the street and our client was ejected from the unmanned carriage, landing face-down in the street. Our client suffered facial injuries, as well as injuries to her arm and shoulder.
$250,000.00 Train Attendant v. Railroad – Washington, D.C. Our client was injured when she violently tripped over bundled carpet on the train while assisting passengers. The carpet was clearly worn and defective, but the railroad argued that our client was responsible because she was inattentive and simply tripped because she did not pay attention to her surroundings. Our client had soft tissue injuries, and no surgery. The railroad strenuously contended that she “over-treated” with a doctor who soonafter lost his license to practice medicine for unnecessary treatment of patients and over-billing of insurance companies, accusations which we considered irrelevant and fought hard to keep out of evidence. We successfully resolved the case for $250,000.00, despite the fact that our client lost only $37,000 in wages and remains employed at the railroad.
$225,000.00 Conductor v. Railroad – Philadelphia, PA. We represented a conductor who was injured in two separate incidents: First, when she heard an audible “pop” in her shoulder while assisting another conductor with pulling 480 cables which were “hung up” and did not operate as designed; and second, when she injured her finger as it got caught in a sliding door on a train which we alleged malfunctioned. Our client had surgery on her finger, but no surgery was required to remediate her shoulder injuries. She missed nine months of work and performed some “light duty” work while recuperating. She made an excellent recovery and returned to work full duty in her job as a conductor.
$225,000.00 Conductor v. Railroad – New York. Our client twisted her ankle while dismounting from a train in a railroad yard in dark conditions. We contended that the railroad failed to heed prior warnings re: unstable ballast and inadequate lighting in that area of the yard where the accident occurred. The railroad countered by arguing that our client improperly failed to use the flashlight provided by the railroad, thereby causing her own injuries. Our client was required to undergo ankle surgery for a severe high ankle sprain and missed nine months of work.
$200,000.00 Conductor v. Railroad – New York. Our conductor was working on the train when he learned that a crazed passenger was wielding a meat cleaver as a weapon on-board the train. He came to the assistance of his passengers and helped wrestle this deranged assailant to the ground. Fortunately, our client suffered only minor physical injuries (including an aggravation of pre-existing osteoarthritis to his knee), but he did receive treatment for post-traumatic stress disorder from reliving this harrowing experience.
$212,000.00 Railroad foreman v. Railroad and third-party contractor – New York, NY. Our client suffered a broken ankle when he slipped on a crosstie in a railroad yard which was allegedly covered with ice and creosote. Our client missed five months of work (incurring $25,000 in net lost wages), but he made a full recovery and was able to return to work as a railroad foreman. Both defendants had earlier sought to have our case dismissed completely based on the “snow storm in progress” defense, wherein no recovery is allowed because a snow storm is considered an Act of God, and defendants would legally be afforded sufficient time to rectify any conditions caused by such a storm. After the judge denied these motions as meritless, both defendants contributed equally to a $212,500 settlement for our injured foreman.
Locomotive Engineer v. Railroad (confidential settlement) – Philadelphia, PA. In a very challenging liability case, we alleged that our engineer suffered cumulative trauma injuries to his neck (ultimately requiring surgery) as a result of experiencing excessive vibrations to his spine while operating the railroad’s E-60 engines over a very brief (two month) period. The railroad argued that it was impossible to develop these disabling injuries over such a brief period of time.
$200,000.00 Railroad police officer v. Railroad (confidential settlement) – Maryland. Female police officer was allegedly subjected to sexual harassment and unwanted touching at the hands of several of her railroad supervisors. We filed both an EEOC and FELA claim on her behalf and were successful in obtaining a $200,000 recovery for her in Federal Court. The railroad had of course denied any wrongdoing on behalf of these accused supervising officers.
$200,000.00 Conductor v. Railroad (confidential settlement) – New York, NY. We represented a conductor who allegedly sustained shoulder injuries when he was assaulted by an off-duty railroad police officer. The railroad defended this officer by claiming he had done nothing wrong and that no assault took place, and further that our conductor’s shoulder injuries were clearly pre-existing. The conductor missed five months of work (incurring $25,000 in net lost wages), but was able to return to work thereafter in his regular conductor’s job.
$200,000.00 Train Attendant v. Railroad – New York. In a hotly contested liability case, our client injured her foot when it either got caught in the rubber matting on a train, or when she later stepped into a depression on a concrete platform (she wasn’t certain). She injured her foot/ankle, but required no surgery. She only had one year of railroad service prior to this incident, and lost approximately $35,000 in wages.
$200,000.00 Conductor v. Railroad (confidential settlement) – New York, NY. Our conductor was walking in a railroad yard when he stepped on a metal grate which gave way and the conductor fell into a hole which was a few feet deep. The Conductor suffered injuries to his knee and back, but did not require any surgery and returned to work after eight months (and $32,000 in net lost wages).
$162,500.00 Passenger v. Railroad – Jacksonville, FL. Our client was a very sweet 79 year old lady who was stepping down off of a train, when her foot missed the metal step-stool which had been placed on the ground by the railroad’s employee. She fell to the ground and fractured her left arm, requiring surgical repair. We argued that the railroad abandoned her because its employee walked away after placing the stool onto the ground, rather than ensuring that she was able to safely step down onto the stool from the bottom stair of the train. The railroad vociferously disputed liability, arguing that its employee offered several times to assist our client, but that she said “no, no, I got it” and refused any assistance. The railroad even produced an “independent” eyewitness who verified this account, which we contended was very suspect. During a court-ordered mediation, the case settled for $162,500.00.
$150,000.00 On-board service attendant v. Railroad (confidential settlement) – New York, NY. Train attendant allegedly injured her back when her train suddenly “lurched” and she was thrown against a wall. Railroad claimed no liability because our client did not immediately report any accident and because “lurches” are simply a well-known and expected risk regularly encountered by both workers and passengers on trains. Our client did not undergo any surgery but missed several months of work, and the case settled for $150,000.
Conductor v. Railroad – Pennsylvania. We represented a conductor who was allegedly wrongfully attacked and arrested by several railroad police officers after engaging in playful conduct with one of the officer’s police dogs. Our conductor suffered very minor physical injuries but was embarrassed and humiliated by the officers’ conduct in arresting him in front of several of his co-employees.
$127,000.00 Railroad offered $15,000 to settle case. New Orleans, LA jury awarded $127,500 verdict to our railroad brakeman who suffered a knee injury, requiring orthoscopic surgery. Our client was allegedly injured when he stepped on something while walking in ballast adjacent to a railroad track, but he was unsure of what he stepped on. The railroad argued to the jury that the brakeman was not entitled to a verdict because we could not prove exactly what condition caused him to injure his knee, or even that an accident had indeed occurred. The jury clearly disagreed with the railroad.
$125,000.00 Locomotive engineer v. Railroad – New York, NY. We represented an engineer who fractured his thumb when it was caught in the door of his engine as he attempted to close the door. Our client underwent thumb surgery and lost $20,000 in net wages, and the railroad paid $125,000 to settle the case. The railroad had earlier argued that our engineer was 100% at fault in causing his own injuries for simply not paying attention as he brought the door to a close on his own thumb.
$125,000.00 Conductor v. Railroad – New York. We represented a passenger conductor who was assaulted (pushed down to the ground) by a woman who was disgruntled because our client accused her of riding the train without a valid ticket. Our conductor required elbow surgery and missed three months of work before returning to his conductor’s job. The railroad argued that it would have been impossible for our client to have suffered these injuries because the lady involved only weighed 115 pounds, and our client weighed 225 pounds. The railroad also filed motions with the court arguing that it could not even conceivably be liable for the isolated actions of one passenger, over whom the railroad had absolutely no control or responsibility. The court denied all of the railroad’s motions before trial, and the railroad settled the case.
$100,000.00 On-board service attendant v. Railroad and Trucking company (confidential settlement) – Mississippi. Train attendant was injured when his train was involved in a grade crossing collision with a truck which was blocking the railroad crossing. Our client suffered very minor physical injuries, but alleged post-traumatic stress disorder (PTSD) emanating from the accident. He returned to work at the railroad after losing only a few days of work and approximately $1,000 in wages, and we successfully resolved the case for $100,000.
$100,000.00 Conductor v. Railroad – Wilmington, DE. We represented an on-board conductor who was allegedly pushed off of the train by a passenger as the train was preparing to depart the station. Our conductor suffered minor back injuries (not requiring any surgery) and post-traumatic stress from being pushed off of the train. The railroad settled the case for $100,000 and the option for our client to choose a different job at the railroad for a period of up to six months, but our client chose to return to work as a conductor.
$85,000.00 Service Attendant v. Railroad – Wilmington, DE. We represented a lady who woke up on the train with symptoms of burning and itching. She looked in the mirror and was shocked to see that she had been bitten on her face and arms by bed bugs during her rest period on the train. Her physical symptoms subsided after a few days, but she suffered from alleged psychological injuries which made her afraid to go to sleep on a train. She ultimately switched to a higher-paying job in the train station itself so that she would not have to fear being bitten on the train again. The railroad denied that the bugs originated on the train, and instead insisted that our client must have entered the train with the bug(s) already in her clothes. The railroad paid $85,000.00 to settle the case.