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FELA & Railroad Injury
Jurors side with CSX in FELA lawsuit filed by injured rail conductor
A conductor injured when he was startled by the presence of a goose under a train has lost a FELA lawsuit he brought against CSX Transportation in West Virginia. The jury in the case made their decision after only 25 minutes of deliberation.
The plaintiff, Aaron E. Richards, filed the FELA suit last year. According to the suit Richards was injured while performing a brake test on a train. During the test a goose startled Richards, knocking him backwards. Richards twisted his ankle on railroad ties and debris.
The FELA lawsuit against CSX claimed that the rail company was negligent in not removing the goose fro the rail yard. CSX however maintained that they had no prior knowledge of the goose and that wildlife was common in and around rail yards.
In the suit Richards was seeking nearly $24,000 in lost wages and other compensatory damages. He was also seeking past and future pain and medical treatment and impairment of future earning capacity.
Part of the undoing of Richards’ case was a standard incident report form that he completed while in the hospital. In response to the question “Was anyone at fault?” Richards answered “no”. Richards’ attorney maintained that CSX had a duty to provide a safe working environment for their workers, and the presence of geese in the rail yard was a safety issue.
In other FELA cases, injured rail workers have lost to juries but with a new attorney have succeeded the second time.
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FELA & Railroad Injury
- 10/30/2009Lawsuit brought by rail worker suffering from physical and mental pain...
- 9/30/2009Union Pacific Railroad faces FELA lawsuit from injured rail worker...
- 8/31/2009Rail engineer, rail company being sued in deaths of woman, unborn child...
- 6/8/2009Union Pacific trainman gets $1.43 million dollar verdict for hip, ankle, and knee injuries...
- 5/21/2009BNSF lawsuit by injured railroad engineer results in $808,330 verdict...
FELA & Railroad Injury
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