Erie Supreme, NY | $800,000 | FELA
Attorney :
- John E. Ballow; Ballow, Braisted, O'Brien & Rusin; Buffalo, NY
Expert :
- Arthur Dowd; Railroads; Albany, NY
- Dr. Shabir Bhayani; Orthopedics; Bradford, PA
- Dr. John Mazzo; Orthopedics; Buffalo, NY
- Dan Feneziani; Railroads; Buffalo, NY
- Ron Reiber; Economics; Buffalo, NY
DEFENDANT(S)
Expert :
Facts :
This action settled during trial for $800,000. Pltf. was a 55-year-old Conrail conductor at the time of this incident, which took place on 1/5/94 at 3:30 AM at Renovo, Pennsylvania at the Conrail property called Control Point Drury. Pltf. claimed that he injured his shoulder when he fell while walking through 3 feet of snow after being ordered to disembark at Control Point Drury and carry a 50-lb. end-of-train device with him to a waiting cab. Pltf. claimed that while walking through the heavy, deep snow, he slipped on something beneath the snow and fell forward. Pltf. claimed that Deft. was negligent for failing to properly plow the area clear of snow, and brought this action pursuant to Federal Employees Liability Act (FELA) for Conrail's failure to provide him with a safe place to work.
Deft. contended that a major snowstorm had hit that area the day before this accident and argued that it did not have sufficient notice or time to clean the snow from beside the track. Conrail argued that the dispatcher at Harrisburg, Pennsylvania had no way of knowing about the depth of the snow at the area, and that Pltf. and his engineer had other alternatives even in light of the dispatcher's order.
Injury :
Torn medial meniscus of the right knee; torn rotator cuff of the right (dominant) shoulder. Deft. argued that Pltf. had pre-existing Grade III chondromalacia, and that this was Pltf.'s major problem, which, it claimed, was not caused by the fall. Deft. also argued that Pltf. had a genetic variant of the shoulder called a hooked acromion, which caused his rotator cuff problem. Deft. contended that this condition was degenerative in nature and was not caused by the fall.
Verdict Information Facts This action settled during trial for $800,000. Pltf. was a 55-year-old Conrail conductor at the time of this incident, which took place on 1/5/94 at 3:30 AM at Renovo, Pennsylvania at the Conrail property called Control Point Drury The jury deliberated for hours .
Demonstrative Evidence :
dispatch sheets; photographs of Pltf.'s past activities; models of the knee and shoulder; enlarged photographs of the accident scene; Pltf.'s metal case of equipment and belongings; non-communicating marker.
