Representative FELA Cases P. Matthew Darby, United Transportation Union Designated Legal Counsel, Has Litigated
Fifteen Million Dollar Verdict!
On March 28, 2007 a collective verdict of over $15 million was obtained against CSXT on behalf of 9 injured employees. The individual verdicts ranged from 750,000 to $6 Million. The railroad employees suffer from repetitive stress lower extremity injuries due to their work with CSXT. The lawsuit was based on CSXT’s failure to use walking ballast in its yards and its failure to institute an ergonomic program to minimize the amount of climbing and squatting required of its employees while working in the yards.
The 9 railroad workers ranged in age from 50 to 62 and had suffered various degrees of osteoarthritis in their knees. Osteoarthritis has no cure and the continued work related “wear and tear” to a railroad worker’s knees causes the condition to progress to the degree where knee replacement surgery is often the only treatment option. All 9 of the employees have been under active medical treatment for their osteoarthritis, including having undergone injections and/or arthroscopic surgeries. While some of the workers were disabled from their employment at the time of the trial, others were still actively working. However for most of those who were still working, their doctors testified that their careers with CSXT would be shortened by several years due to the progressive nature of their injury.
If you have any questions about the trial or would like to investigate whether you may have osteoarthritis that is related to your railroad employment, please contact Matt Darby at 410-243-9400, 800-248-FELA
$1.2 MILLION NET VERDICT IN KNEE INJURY CASE
On October 28, 2008, a verdict was obtained for a CSX Transportation, Inc. employee for approximately $1.2 million. The employee injured his knee on October 27, 2005 when he slipped on mud while performing switching duties as a conductor at a CSXT Yard in Maryland. He slipped and fell as a he was crossing a rail to throw a switch. Evidence indicated that CST was aware that there was a longstanding problem with water and mud inundating the track in the location where the injury occurred.
The employee had ongoing pain and limitations that he experienced on a daily basis because of the injury to his knee, which required surgery. He testified that he had never had any problems with his right knee prior to the accident in question. He also testified as to how it affected his ability to perform work around his home and how it restricted his ability to play with his young children. He indicated to the jury that he had been unable to return to work with CSXT because of the injury to his right knee. After approximately 7 hours of deliberation, the Jury issued its verdict.
If you have any questions about the trial or would like a consultation about a railroad employment related injury or condition, please contact Matt Darby at 410-243-9400, 800-248-FELA.