Articles Posted in Train Accidents

by

Brian Crompton worked as a railroad employee for BNSF Railway.  On April 24, 2011, Crompton worked on a locomotive that was to travel from Paducah, Ky., to downstate Centralia, Ill.  Crompton was severely injured during the trip from Paducah when he was knocked off the train by a door that flew open when he was throwing a switch.  Crompton brought a lawsuit against BNSF under the Locomotion Inspection Act and the Federal Employment Liability Act (FELA) claiming that BNSF chose not to keep the locomotive and its parts in good working order.

BNSF moved for summary judgment on both counts of the complaint, which was denied by the U.S. District Court judge who found that Crompton had presented sufficient evidence to suggest that the door latch on the front cab door was defective and thus the case could go to the jury for its determination of the facts.

After the jury trial, BNSF was found negligent, and Crompton was found to be contributory negligent.  The jury found that 70% of the fault for Crompton’s injury could be assigned to BNSF and 30% to Crompton.  Because the Locomotive Inspection Act is a strict liability statute, BNSF was required to pay the entire amount of Crompton’s damages, which totaled $1.6 million.  BNSF appealed to the U.S Court of Appeals in Chicago.

Continue reading

by

On Oct. 12, 2004, Clinton Haywood, 47, was working as a Metra signal maintainer. He was unloading a 123-pound joint box from a rat bed sliding platform on the back of a truck when the rat bed unexpectedly slid into the truck. This caused the box to start to drop. Haywood bent and twisted his body to prevent the box from falling onto him.

Haywood was first diagnosed by Metra physicians with just a back sprain for which he received conservative medical treatment.

However, three years later, in 2007, Haywood was testing a signal when he fell over a fence that had been knocked down and was partially covered with snow. This incident exasperated his original back strain injury.Haywood was diagnosed with a herniated L5-S1 disk injury.  This injury was aggravated by the second work injury resulting in a one-level lumbar fusion in 2012.  Haywood attempted to return to his job after the surgery, but was not able to work after May 2013.

Continue reading

by

It is sometimes overlooked in trial practice or not given enough emphasis that the conduct of a defendant must be proved to have proximately caused the injuries or damages claimed in the pleadings. Also, expert testimony must meet the rules of scientific reliability. 

For example, Gary McCann, an engineer for more than 17 years for the defendant, Illinois Central Railroad, sued the railroad in a 4-count complaint. He claimed damages for carpal tunnel syndrome caused by the railroad’s inadequate and defective cab seats, rough track, oversized ballast and defective switches.

In this case, McCann claimed negligence under the Federal Employer’s Liability Act (FELA), 45 U.S.C. §51 et seq.; negligence per se; violations of the Locomotive Inspection Act, 49 U.S.C. §20701; and negligence for causing his carpal tunnel syndrome.

Continue reading

by

Anthony Williams filed a lawsuit against BNSF Railway Co. under the Federal Employers Liability Act (FELA) (45 U.S.C. §51) (2006) claiming an employment-related injury. BNSF filed a third-party complaint for contribution and contractual indemnification against third-party defendant Quality Terminal Services (QTS). At the jury trial, a verdict in favor of Williams was returned with total damages in the amount of $2,676,950. However, the jury assigned 50 percent of the negligence in the case to Williams and divided the remaining responsibility at 37.5 percent to BNSF and 12.5 percent to QTS. The jury also returned a verdict in favor of QTS on BNSF’s contractual indemnity claim.

BNSF appealed claiming that the circuit court erred in denying its motion for a directed verdict on the contractual indemnity claim. BNSF also maintained that the trial judge erred in refusing to allow evidence related to Williams’s termination of employment with BNSF. And finally, BNSF contended that the circuit court erred in allowing evidence of the loss of household services, including unsupported opinion testimony regarding the value of those services. 

At the outset, Williams and QTS argued that the appellate court lacked jurisdiction to decide this appeal because BNSF did not file its notice of appeal within 30 days of the trial court’s oral ruling on all posttrial motion. Williams filed a motion to dismiss the appeal for lack of jurisdiction and QTS joined. The appellate court noted that in Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d. 217, 251-52 (2010), the reviewing court has a duty to consider its jurisdiction and to dismiss the appeal if it determines that jurisdiction is wanting. 

Continue reading

by

Cynthia Madden was killed by a BNSF train after her car stalled on the railway crossing in May 2007 near Moline, Illinois.  The Madden family brought a lawsuit against the railroad claiming negligence, specifically that the warning indicators for the train approach had all occurred fewer than 20 seconds before the train reached the crossing. It was alleged that the shortfall was in violation of federal safety regulations.

After a hearing, the magistrate judge ruled that the plaintiff had not made out a prima facia case of negligence and granted summary judgment in favor of the railroad. The Madden family appealed.

The appellate court noted that an event recorder at the crossing recorded all the warning indicators triggering about 30 seconds before the incident.

Continue reading