Norfolk Southern Brakeman Attempts to Board Moving Car in Order to Set Brake - Defective Ladder Cited in Loss of Left Foot - $5.5 Million Settlement Reached in Pennsylvania.

We tender out thanks to Michael J. Olley, counsel for plaintiff, for the report of this case. The plaintiff, a forty-four year-old trainman with one year of service was the brakeman for a three-man crew involved in a shove move at defendant's Wilmington, Delaware yard on April 12, 2005. He was positioned at the stub end of a track where five cars had been left. The fourth and fifth of those cars were not coupled together. The conductor advised plaintiff to count the cars as they were shoved back toward the stub end. The train then backed up in order to couple the draft of five cars. When that was completed, the train was not "stretched," which would have indicated the lack of coupling. Instead the train continued to shove back to the stub end. Plaintiff advised the engineer to stop the train. When the four cars coupled together continued to roll toward the end of the track, plaintiff boarded one of the cars to apply the handbrake. He did so because he was fearful that one or more of the cars contained chlorine gas which would be released in the event of a derailment. As plaintiff was moving from the side ladder to the end ladder, his left hand became caught in a defective rung which had been pushed against the side of the car so that it did not have sufficient clearance. Plaintiff's hand became caught. When he attempted to yank his hand free, he lost his balance and fell under the wheels of the rolling car. His left foot was severed and the right was crushed. Plaintiff required a left leg prosthesis. He asserted claims under both FELA and the SAA. As to the former, he claimed that the crew negligently failed to properly stretch the train. This was confirmed by the event recorder in the engine. As to the SAA, plaintiff claimed that the ladder was defective. The case settled for $5.5 million two weeks before trial.

Plaintiff's Experts: Michael O'Brien, railroad equipment/SAA, Atlanta, GA. Dennis W. Irvill, M.D., Physical medicine/rehabilitation, Philadelphia, PA.

Defendant's Expert: Joseph Bernstein, M.D., Philadelphia, PA.

Unnamed Conductor v. Norfolk Southern Corp., Philadelphia County (PA) Common Pleas Court, April Term 2005 No. 2250. Michael J. Olley of Coffey, Kaye, Myers & Olley, Bala Cnywyd, PA for plaintiff. Richard K. Hohn of Hohn & Scheuerle, Philadelphia, PA for defendant.

FELA Reporter, Vol. 19, No. 10, October, 2006

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