AMTRAK clerk suffers fractured hip.

The Plaintiff, a 78 year old female clerk working at AMTRAK’s Bensalem facility sustained a fractured hip which required two surgeries. The Plaintiff was caused to be injured when another employee bumped into her knocking her to the floor. Plaintiff brought an action under the Federal Employers’ Liability Act alleging that the co-employee was negligent and careless in the way he was walking and further that the Defendant, AMTRAK should have had mirrors in the hallways to enable workers to see around the corner.

The Plaintiff was earning approximately $40,000.00 per year and Plaintiff claimed she had no intentions to retire.

The Plaintiff was hospitalized and received in-patient therapy for many months and was then required to move to California to live with her son. Defendant, AMTRAK argued that it was “merely an accident,” that the incident could not be avoided, and if it could have been avoided, the Plaintiff herself was in the best position to do so. AMTRAK also argued that the Plaintiff would have been retiring from her job very shortly and that her past and future wage loss would have been no more than $150,000.00 at best. The case was settled shortly before trial at a settlement conference with the United States Magistrate assigned to the case.

Mitchell A. Kaye, Esquire of Coffey Kaye Myers and Olley represented the Plaintiff;
John Bonventre represented Defendant, AMTRAK.

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