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ARTICLE ID 191041

$________ – F.E.L.A. – TRAIN ENGINEER IS INJURED WHEN TRAIN STRIKES ABANDONED CAR ON TRACKS – PERMANENT LEFT ARM IMPAIRMENT – CERVICAL AND LUMBAR DISC INJURIES – PERMANENTLY DISABLED FROM JOB.

Philadelphia County, PA

In this FELA action, the plaintiff engineer alleged that the defendant transit company failed to provide a safe place for the plaintiff to work and failed to enforce safety regulations that resulted in an accident which occurred when the train the plaintiff was operating struck an abandoned vehicle on train tracks in New Jersey. The defense maintained that the accident was caused by the negligence of the plaintiff and the criminal who abandoned the car on the tracks.

On July 1, ________, the male plaintiff was employed with the defendant transit company as a locomotive engineer. Around four in the morning, the plaintiff was operating a train on the tracks between Hamilton and Trenton, New Jersey. As the train was proceeding through a poorly illuminated area on the tracks, it suddenly struck a vehicle that had been left on the tracks. The plaintiff maintained that the defendant transit company failed to provide the plaintiff with a safe place to work, failed to provide adequate lighting and safety equipment, failed to provide adequate manpower and failed to warn the plaintiff of the existence of the dangerous condition.

The plaintiff was seriously injured in the collision and is permanently disabled from his job as a train engineer. The plaintiff suffered irreparable scapholunate ligamentous damage, lateral epicondylitis, rotator cuff tendonitis leading to impingement syndrome, a third metacarpal fracture with a tear of the third metocarpophalangeal ligament, cervical and lumbar disc bulges and herniations and acute denervation of left ulnar nerve. The plaintiff maintained that the defendant had knowledge that the area of the accident was a high crime area that required additional lighting, fencing and surveillance that the defendants failed to provide. The plaintiff also maintained that the defense encourage unsafe work practices. The defendants denied all liability and maintained that the accident was caused by the conduct of the criminal who left the stolen car on the tracks and the plaintiff engineer for failing to keep his eyes on the tracks.The jury found the defendant was negligent and awarded the plaintiff total damages for his injuries of $________.

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