$597,000
Workers' Compensation - Railroad Injury
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Case Details
A man who had worked for 38 years for CSX Transportation Inc retired in 2013 because of knee and shoulder injuries. He filed a lawsuit against CSX, Consolidated Rail and American Premier. The lawsuit claimed that the Federal Employer Liability Act had been violated by the defendants. The plaintiff called up orthopedic surgery experts to testify, as well as experts in ergonomics and economics. The defendants alleged that the man’s injuries were because of a thyroid condition and his age. In addition, the defendants said that the man’s claims were not valid because he ran 5K races, both while he was employed and afterwards. Because the orthopedic surgery expert said that the man needed knee surgery and he waited over a year to have it done so he could qualify for vacation pay, the jury found that the former railroad car inspector was .5 percent responsible for his past and future lost earnings and past lost wages. He said that he deals with pain on a daily basis. American Premier was found 9.5 percent liable, Consolidated Rail, 40 percent, and CSX was found 50 percent liable for the man’s injuries. They are appealing the verdict.
Additional Notes
Jury found former railroad car inspector .5 percent responsible for his past and future lost earnings and past lost wages. American Premier was found 9.5 percent liable, Consolidated Rail, 40 percent, and CSX was found 50 percent liable for the man’s injuries. Defendants are appealing the verdict.