Conductor Suffers Neck and Low Back Injuries in Accident While in Limousine Company Van - $1.4 Million Ohio Verdict.

The plaintiff, a conductor, had taken a train from Buffalo, New York to Toledo, Ohio in March 1996. Pursuant to a contract between Conrail and D & T Limousine Services, he was picked up by a van for transportation to overnight lodging. It was sleeting and raining at the time. The driver of the van lost control of the vehicle, causing it to slide sideways down the highway and be struck by another vehicle, which pushed the van into a concrete median.

The fifty-four year old plaintiff sustained neck injuries and a low back injury during the accident. The plaintiff had been diagnosed with degenerative disc disease in his neck prior to the accident. About two years after the accident the plaintiff developed herniated discs in his neck and back. The plaintiff returned to work eight months after the accident, but had to discontinue work in March 1999 and will be unable to return to work for the railroad.

The plaintiff maintained that the railroad was negligent in providing unsafe transportation and that the negligence of the van driver was imputed to the railroad . The railroad argued that the driver was not negligent and that the plaintiff was exaggerating the extent of his injuries. The railroad maintained that the plaintiff had only sustained a cervical strain which should have been resolved within twelve weeks. The railroad also pointed to extensive chiropractic treatment for neck and back problems before and after the accident. The plaintiff’s case also included argument that the plaintiff’s loss of employment of life had been substantially equal to his lost wages, since the plaintiff had never been married and his job was his life. A jury returned a $1.4 million verdict.

James W. Heffern v. Consolidated Rail Corp.,
U.S. District Court, Northern District of Ohio, Case No. 97-CV-7143.

Michael J. Olley, Coffey and Kaye, Bala Cynwyd, PA for the plaintiff.
Louis Licata and Alison Rutherford, Licata and Associates, Independence, OH for the defendant.

FELA Reporter, Vol. 12, No. 12, December 1999

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