U.S. District Court, Northern District, NY , Lawrence Kahn | $2,221,000 | FELA
Attorney :
- John E. Ballow; The Ballow Law Firm, P.C., trial counsel to the Law Office of Steven L. Kantor, L.L.C.; Buffalo, NY, for Christopher Ahlf
Expert :
- Robert Cheney M.D.; Orthopedic Surgery; Albany, NY called by: John Ballow
- Marie Ciani; Physical Therapy; Albany, NY called by: John Ballow
DEFENDANT(S)
Attorney :
- Scott A. Barbour; McNamee, Lochner, Titus & Williams P.C.; Albany, NY, for CSX Transportation Corp.
Expert :
- Robert Nelson M.D.; Orthopedics; Albany, NY called by: Scott Barbour
- Richard Golden D.C.; Chiropractic; Glenville, NY called by: Scott Barbour
Facts:
On Dec. 5, 1999, plaintiff Christopher Ahlf, 43, a train engineer, was engaged in the normal course of his work duties at CSX Transportation Corp.'s Selkirk [N.Y.] railroad yard. Ahlf was inside a train, awaiting performance of a brake-system test. Meanwhile, one of the yard's tower workers inadvertently activated a track switch that rerouted a 40-car coal train. As a result, the coal train merged onto the track that Ahlf's train occupied, and a collision occurred. Ahlf claimed that he sustained a lumbar-disc herniation.
Ahlf sued CSX Transportation, pursuant to the Federal Employers' Liability Act. He alleged that the tower worker was negligent in the performance of his duties.
CSX Transportation conceded negligence. The trial addressed damages.
Injury:
Ahlf claimed that he sustained a disc herniation at L4-5. He underwent spinal fusion.
Ahlf contended that his spinal cord injury resulted in a permanent disability that prevented his resumption of his engineer job. He is now a certified high-school teacher. The jury was asked to award $320,000 for Ahlf's past lost wages, $400,000 to $900,000 for the diminution of his future earning capacity, $500,000 for his past pain and suffering, and unspecified damages for his future pain and suffering.
CSX Transportation contended that Ahlf experienced prior back problems. It argued that the problems persisted during the three years that preceded the accident and that they necessitated chiropractic treatment, which concluded several months prior to the accident. It presented pre-accident X-rays that revealed the presence of a degenerative disc disease at L4-5. It also presented Ahlf's treating chiropractor, who testified that Ahlf's pre-accident medical history was marked by lower-back pain.
In response, Ahlf's counsel argued that Ahlf's pre-accident back problems were consistent with those of the average 40-year-old. He also argued that Ahlf's herniation did not predate the accident and that his fusion surgery only became necessary after the accident.
Verdict Information The jury found that Ahlf's damages totaled $2,221,000. However, the award was reduced by 5%, to account for Ahlf's preexisting back problems. As such, Ahlf's net award was $2,109,950.
Christopher Ahlf
$176,000 Personal Injury: Past Lost Earnings Capability
$295,000 Personal Injury: FutureLostEarningsCapability
$1,000,000 Personal Injury: Past Pain And Suffering
$750,000 Personal Injury: Future Pain And Suffering
Editor's Comments Defense counsel did not respond to a faxed draft of this report or a phone call.
