Conductor wins $17 million lawsuit against Norfolk Southern

On April 11, 2005 a conductor with Norfolk Southern was making routine switches in a Chicago rail yard, adding and disconnecting cars from the train. Those that are disconnected must have their handbrakes set, which involves climbing up and down each car to get to it. While climbing down one car, one of the metal steps gave way causing the conductor to fall backwards and land on his head. It was found later that the step had broken and been improperly welded, causing the step to break again.

The conductor was taken to hospital and released. But three days later, the worker returned, complaining of headaches, dizziness, and nausea. A CT scan revealed a subdural hematoma, an extremely dangerous condition in which blood collects after a head injury, putting pressure on the brain. As with all brain injuries, damage can be minor and short-lived, major and long-lasting, or somewhere in between. Subsequent CT and MRI scans found that the subdural hematoma was no longer present, but several brain specialists noted brain damage characterized by memory problems, lack of concentration, decision-making problems, and depression.

As a result, the worker took Norfolk Southern to court to seek $8 million for future costs of 24-hour attendant care, and $1 million in lost damages.

Norfolk Southern admitted that the railway car step that gave way was faulty, but did not accept liability for the resulting injury. In fact, they contended, the injuries had no lasting effects. This is despite the fact that physicians recommended that the conductor should not be left on his own for long periods of time since his concentration and memory problems could lead to his own injury.

The corporation also stated that the conductor had not taken steps to fight his depression, and that currently he seemed to be living well enough since the accident without the help of an attendant. The conductor’s lawyer told the court that he was not living “independently” but needed help from his fiancée. Her necessary “nursing care” role was threatening the stability of their relationship, made more complicated by the fact that the couple had a four-year old son. The conductor was not able to perform the tasks of a normal adult on his own, and was unable to fully take care of himself unassisted.

The jury agreed, and awarded the conductor $17 million in damages. Norfolk Southern said they were “very disappointed” by the outcome, but were not going to appeal the decision.

If you are a railroad worker and have been injured on the job, contact a personal injury attorney at Jim S. Adler & Associates. We have more than 30 years of experience getting the compensation our clients deserve while injured at work, and we can help you too. Contact us for a free case review. Jim S. Adler & Associates will let you know what your rights are – and help you protect them.

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