Andrea Laing, 23, was walking northbound along a sidewalk platform at a Portland, Ore., “Max” light rail station. She crossed the eastbound tracks to board a stopped westbound train and was struck by an out-of-service eastbound train that was entering the station. Laing suffered facial and rib fractures; internal injuries,…
Articles Posted in Train Accidents
U.S. Court of Appeals Rejects Res Ipsa Shortcut in Railroad Worker Injury Case
Danny Ruark, a machine operator, was working on track maintenance using a hydraulic drill to drill holes in rails. While at work, he clamped the drill to the rail, drilled a hole, retracted the drill bit and unclamped the rig from the rail to move it to the next spot.…
U.S. Court of Appeals Affirms Exclusion of Expert Testimony in Work Injury Lawsuit
Jeffrey Kopplin worked for Wisconsin Central Railroad. In January 2014, he was operating a train at the rail yard in Fond du Lac, Wis. In order to bring the train onto the right track, Kopplin had to get out of the train and “throw” a switch. The weather that morning…
$21.4 Million Jury Verdict Upheld by Illinois Appellate Court in Rail Worker’s Injury
The Illinois Appellate Court has upheld a record-breaking $21.4 million jury verdict for a railroad conductor after his heel was irreparably damaged at a railyard. The Illinois Appellate Court for the 1st District rejected all of Norfolk Southern Railway Co.’s attempts to either vacate or reduce the verdict signed by…
U.S. Court of Appeals Rules That Plaintiff’s Objections to Trial Testimony Could Have Been Handled on Cross-Examination
The U.S. Court of Appeals for the Seventh Circuit has affirmed a decision by a federal magistrate judge regarding an injured railroad worker. Chance Kelham, a railroad engineer for CSX Transportation Inc., was operating a mile-long freight train that had two locomotives and 69 empty cars. He was ordered to…
Congress’s 1997 Act Limits Amtrak’s Payout to Crash Victims to $200 Million
In the aftermath of the recent Philadelphia Amtrak derailment, which cost the lives of eight individuals and severely injured more than 200, it came to light that the U.S. Congress had passed an act in 1997 to limit or cap Amtrak’s total payouts to train crash victims to $200 million.…
State Supreme Court Reverses Trial Court’s Denial of Summary Judgment in Single Car Crash on Highway
In the early morning hours of April 19, 2010, Chantel Jobes was driving a vehicle alone and left the southbound lane of Highway 11, crossed the northbound lane and crashed into a concrete railroad trestle. Jobes was seriously injured and filed a lawsuit against the Norfolk Southern Railway Co., the…
Illinois Appellate Court Affirms Verdict- $1,589,000 that Defendant Contested Was Inflated
Clarence Roach was a car man working for Union Pacific Railroad at the West Side rail yard in Chicago where commuters’ rail cars are inspected and repaired. Roach was earning about $60,000 per year. On Feb. 1, 2008, Roach was hit by a train performing a “shove,” where a rail…
$198,000 Jury Verdict in Forklift Fall from Loading Dock
On July 11, 2008, Tenesha Martin, an employee of a railroad, was operating a forklift while unloading the truck’s trailer at Canadian Pacific Railway’s docking area in Chicago. The forklift fell off the loading dock when the unmanned truck, owned by the defendant Central Transport Inc., rolled away from the…
U.S. Court of Appeals Dismisses an Appeal on the Question of Federal Diversity Jurisdiction
The U.S. Court of Appeals for the 7th Circuit in Chicago has dismissed an appeal from a U.S. District Court judge. In an extremely sad case, Robert Lindner’s parents, Burton and Zorine Lindner, were driving under a bridge near north suburban Glenview, Ill., when a Union Pacific freight train derailed…