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Straight
Track #257
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Record Illinois Verdict For
Injured Railroad Employee
James L. Farina, Attorney
Hoey & Farina
jfarina@hoeyfarina.com
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I am pleased to announce that
Hoey & Farina Attorney William McMahon obtained a record Illinois
verdict in the sum of $715,852.42 on behalf of Conductor/Engineer
William Fletcher for shoulder injuries sustained as a result of a motor
vehicle accident that occurred on the job.
On Thursday, August 9, 2007, a Chicago jury rendered a verdict in favor
of Conductor Fletcher and against Chicago Rail Link (CRL) in Federal
Court in Chicago. This is a record jury verdict in Illinois for a
non-operated shoulder injury without nerve damage.
The railroad had so much confidence in its defense that it offered only
$50,000.00 to settle Mr. Fletcher's Federal Employers' Liability Act
claim before trial. On the day of trial it raised its offer to
$100,000.00.
Mr. Fletcher worked as a conductor, utility man and locomotive engineer
for Defendant, Chicago Rail Link, for four years.
Plaintiff testified that the CRL's motor vehicle provided to him had
defective brakes, which failed when a semi-truck turned left in front of
him on a public street adjacent to the Bedford Park railroad yard, where
CRL performs contract-switching work for CSXT.
Ten days prior to the April 7, 2005 vehicle accident, Plaintiff was
driving the same vehicle when the brakes failed. On that day, Plaintiff
was able to safely stop the vehicle using the parking brake.
The jury was asked to determine whether CRL violated an Illinois
railroad motor vehicle safety statute (92 IAC 1550), which required the
railroad to provide safe vehicles to its employees. The jury found CRL
in violation of the state railroad safety regulation, a determination
that voided a 50% comparitive negligence determination assigned to
Plaintiff.
The jury also found against CRL in its separate contribution claim
against its repair facility, Automasters. CRL sued Automasters alleging
faulty repair. At trial, the railroad argued that Plaintiff had tampered
with the vehicle himself in order to obtain a "jackpot" jury verdict.
As a result of the collision with the semi-truck, Mr. Fletcher suffered
a shoulder injury that his treating orthopedic physician diagnosed as a
partial tear of the rotator cuff. Fletcher had only two visits to the
orthopedic surgeon, and no physical therapy for his shoulder, as his
health benefits were cut off by the railroad. His treating physician
unequivocally testified that Mr. Fletcher's partial tear of his shoulder
tendon was caused by the motor vehicle accident at work.
Mr. Fletcher is only 49 years old. The last day he worked on the
railroad was the day of the accident, April 7, 2005. He asserted that he
is occupationally disabled from railroad work because of lifting
restrictions, but has found alternative employment outside the railroad
industry.
If you have any questions regarding this matter or any FELA issue,
please contact our office at (888) 425-1212 or via email at info@hoeyfarina.com.
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