VERDICT: Defense, locomotive engineer, cumulative spinal trauma. [Read more…]
Easement, RR right-of-way to land-locked property
EASEMENT: Claim of prescriptive easement across railroad right-of-way to land-locked property rejected… McElyea affirmed. [Read more…]
FELA, state law bad faith, preemption
FELA: Railroad employee’s state law bad faith claims not preempted by FELA… Bidegaray affirmed. [Read more…]
Disability discrimination, 12.84 years front money
DISABILITY DISCRIMINATION: $504,124.66 front pay for 12.84 years to intended retirement of RR diesel shop machinist with idiopathic spastic paraparesis improperly removed from service, on remand from HRC ordering front pay without consideration of previous practice of 4-year WDA limitation… $49,185.99 back pay, $50,000 emotional distress (reduced by HRC from $100,000… net $477,138.25 present value… Caroline Holien. [Read more…]
RR conductor termination, $2,171,154.50 verdict
FELA/LIA/FRSA: $2,171,154.50 net verdict for termination of conductor who claimed injury in fall from locomotive over RR’s contention that he falsified report of off-work injury properly upheld… Christensen affirmed (memorandum). [Read more…]
Railroads, engineer termination, red light v. safety reports
RAILROADS: Engineer’s claim that he was terminated in retaliation for reports of crew fatigue, lack of PTC on train that was in a red block incident, and failure to adequately train conductors rejected on summary judgment… Christensen. [Read more…]
Railroads, engineer termination, speeding v. retaliation
RAILROADS: Engineer properly terminated for speeding, not in retaliation for being outspoken advocate of predictive scheduling to alleviate fatigue… Christensen. [Read more…]
FELA/LIA/FRSA, $2,171,154.50 verdict rulings, fees
FELA/LIA/FRSA: $2,171,154.50 verdict for termination of conductor who claimed injury in fall from locomotive over RR’s contention that he falsified report of off-work injury upheld… $42,732.47 prejudgment interest added to $500,000 emotional distress award plus $657,107 attorney fees, $81,713.22 expenses, $233,993.70 expert fees, $23,308.94 taxed costs… Christensen. [Read more…]
$2,171,154.50 net, terminated injured RR conductor
ERDICT: $2,171,154.50 net including $249,999 punitives, termination of RR conductor who claimed injury on locomotive over RR’s contention that he falsified report of off-work injury. [Read more…]
Common carrier duty of care, rape by Amtrak employee
COMMON CARRIER DUTY OF CARE: Amtrak liable for damages to passenger raped by sleeper car attendant under Montana duty of care to passengers. . . Amtrak’s reliance on general course & scope rule rejected. . . Johnston/Morris. [Read more…]