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Tag Archives: Liability

No Positive Train Control In The Location Of The Amtrak Derailment

By Berman, Sobin, Gross, Feldman & Darby LLP |

A report in the Philadelphia Inquirer indicated that Amtrak had not installed Positive Train Control in the location of yesterdays derailment. A link to that report is here. By Matt Darby

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NTSB Confirms That Derailed Amtrak Train Was Traveling More Than 100 MPH

By Berman, Sobin, Gross, Feldman & Darby LLP |

The NTSB confirmed in a Tweet earlier today that the Amtrak train involved in yesterday’s derailment in Philadelphia was traveling more than 100 MPH. This was more than twice the speed permitted in the location where the derailment occurred. By Matt Darby

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NTSB Release Video Of Its Amtrak Derailment Investigation

By Berman, Sobin, Gross, Feldman & Darby LLP |

Earlier today the National Transportation Safety Board (NTSB) released video concerning its investigation of the Philadelphia Amtrak derailment. Watch it here. By Matt Darby

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Reuters Reports That Paralyzed Passenger Has Sued Over Metro-North Crash

By Berman, Sobin, Gross, Feldman & Darby LLP |

Reuters has reported that a 39 year old Metro-North passenger who was paralyzed as a result of the December 1, 2013 crash has sued for $100,000,000.00. Samuel Rivera, an employee of Metro-North, who was off-duty at the time of the incident, was left a quadriplegic. His doctors feel that his condition is permanent and… Read More »

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FRA Launches Inspection Of Metro-North

By Berman, Sobin, Gross, Feldman & Darby LLP |

The Federal Rail Administration (FRA) has been busy over the last couple of weeks. Last week, in the wake of the December 1st commuter rail tragedy in New York it announced an emergency order concerning Metro-North Commuter Rail’s speed compliance. Article here. On Wednesday, it issued an industry-wide advisory regarding speed restrictions. Article here…. Read More »

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Conrail Responds To Paulsboro Lawsuit

By Berman, Sobin, Gross, Feldman & Darby LLP |

The Associated Press reported yesterday that Consolidated Rail Corporatoin (Conrail) had responded to a lawsuit filed by Plaintiffs claiming damages arising from the Paulsboro, New Jersey derailment that occurred on November 30, 2012. That derailment resulted in the release of more 100,000 pounds of vinyl chloride gas. The lawsuit filed in U.S. District Court… Read More »

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Workers’ Compensation Benefits In Bankruptcy

By Berman, Sobin, Gross, Feldman & Darby LLP |

If you are injured on the job, the consequences can be devastating. Not only do you and your family have to confront the effects of the injury, you also have to deal with the financial impact as well. Sometimes, the financial consequences due to reduced or delayed payments are devastating. Your financial concerns may… Read More »

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Recorded Statements Are A Bad Idea

By Berman, Sobin, Gross, Feldman & Darby LLP |

Often after a Railroader gets injured on the job, he or she receives a friendly phone call from a claim’s agent requesting a recorded statement concerning how the accident occurred and the injuries sustained. Often, the claim’s agent makes it appear that such a statement is standard procedure and is required by the Railroad’s… Read More »

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Police Officers Sue As A Result Of Paulsboro Crash

By Berman, Sobin, Gross, Feldman & Darby LLP |

The Courier Post Newspaper reported last week that police officers who responded to the November 2012 Paulsboro, N.J. crash of a Conrail train have filed suit alleging that they sustained injuries as a result of exposure to vinyl cloride. The lawsuit was filed in Philadelphia Superior Court. The article can be found at http://www.courierpostonline.com/apps/pbcs.dll/article?AID=2013305150036&nclick_check=1…. Read More »

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The Importance Of Underinsured And Uninsured Motorist Coverage

By Berman, Sobin, Gross, Feldman & Darby LLP |

Part of every railroader’s daily existence is the process of deadheading from one work location to another. It is important to remember that under the Federal Employers Liability Act, CSX Transportation, Inc. is required to provide you with a reasonably safe place in which to work. This duty extends to the premises of third… Read More »

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