Posts tagged Railroad Injuries (FELA)

• Welcome to Jim Quilty

  John Inserra | November 03, 2006 3:07 PM | 0 CommentsOmaha, NE Category: Mass Transit (Airline, Cruise Ship, Train, Bus)
  

  We welcome Jim Quilty, newly retired International Vice President of TCU, to the firm as a field representative. IVP Jim Quilty retired at the end of July 2006 after 39 years of union leadership. Jim began his rail career on the Union Pacific Railroad in 1969 in Kansas City where he was a member of Lodge 1489. Jim was General Chairman of System Board 106 from 1992 until elected to assume his...

• FELA - Do I have to Move?

  John Inserra | October 30, 2006 2:59 PM | 0 CommentsOmaha, NE Category: Mass Transit (Airline, Cruise Ship, Train, Bus)
  

  The Washington Appeals Court says no. The case of Harris v Union Pacific reverses a trial court's ruling on plaintiff's motion in limine. It appears that the law in FELA, for injured railroad workers, is that while mitigation of damages is an issue, a railroad worker does not have relocate in another state at the insistence of the railroad employer.

• Kentucky FELA Verdict

  John Inserra | September 15, 2006 7:23 PM | 0 CommentsOmaha, NE Category: Mass Transit (Airline, Cruise Ship, Train, Bus)
  

  A jury has awarded a former railroad employee $1.8 million after he claimed exposure to cleaning solvent at work in Louisville and Corbin caused permanent brain damage, reported in the Louisville, Kentucky Courier-Journal.The plaintiff alleged that solvents sickened workers at CSX or companies that CSX acquired, such as the Louisville & Nashville Railroad. Plaintiff had worked for the company...

• Crashworthiness Rule issued by Federal Railroad Adminstration

  John Inserra | August 29, 2006 9:19 AM | 0 CommentsOmaha, NE Category: Mass Transit (Airline, Cruise Ship, Train, Bus)
  

  The Federal Railroad Administraion issued its final rule on crashworthiness of a locomotive cab. The rule took effect on August 28, 2006. The purpose of the rule is to have locomotive cabs designed and manufactured to protect crew members from being injured or killed in a variety of crash scenarios.

• You Take Them as You Find Them

  John Inserra | August 18, 2006 9:50 AM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  The case of Castillo v Young handed down today by the Nebraska Supreme Court answers the question regarding the propriety of instructing a jury regarding a prexisting condition. The court decided that it is proper for a trial court to instruct a jury that you take the plaintiff as you find them. The requested instruction was:The instruction requested by Castillo stated: There is evidence...

• Possible New Knee Cartilage

  John Inserra | July 19, 2006 9:15 AM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  I read a very encouraging article concerning the implantation of bioengineered cartilage in damaged knee joints. The authors of the study conclude:"We have shown for the first time that tissue-engineered cartilage implanted into knees can mature into an articular cartilage structure as early as 11 months after implantation of Hyalograft C," the authors conclude. "Development of osteoarthrosis,...

• US Supreme Court

  John Inserra | June 26, 2006 11:31 AM | 0 CommentsOmaha, NE Category: Mass Transit (Airline, Cruise Ship, Train, Bus)
  

  On May 15, 2006, the U.S. Supreme Court accepted review in the case of NORFOLK SOUTHERN RAILWAY CO. V. SORRELL :170 S.W.3d 35 CA-MO, E. Dist; limiting the review to whether the court below erred in determining that the causation standard for employee contributory negligence under the Federal Employers Liability Act ("FELA ") differs from the causation standard for railroad negligence. The...

• FELA Verdict in Colorado Upheld

  John Inserra | June 09, 2006 9:03 AM | 0 CommentsOmaha, NE Category: Head & Brain Injuries
  

  In a FELA case, the Colorado Court of Appeals on Thursday upheld a jury's decision to award a Union Pacific conductor, out of North Platte Nebraska, $6 million for injuries he suffered in a fall down the stairs of a locomotive. The claimant suffered a traumatic brain injury as a result of the fall in August 1998. A district court jury ruled that the Omaha, Neb.-based railroad was at fault...

• Diagnosis of Fibromyalgia and Daubert Ruling in Nebraska

  John Inserra | June 02, 2006 3:49 PM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  The Nebraska Supreme Court ruled today that a trial court did abuse its discretion in striking the testimony of a physician regarding the causal relationship between a diagnosis of fibromyalgia and it traumatic onset. The case is Epp v. Lauby, 271 Neb. 640. This case reiterates Nebraska's interpretation of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed....

• Release of Claims

  John Inserra | May 31, 2006 12:32 PM | 0 CommentsOmaha, NE Category: Mass Transit (Airline, Cruise Ship, Train, Bus)
  

  Railroad releases for FELA cases will release other injuries and conditions other than the subject of the claim at hand. Many times, there is a virtual laundry list of medical ailments that the railroad wants a claimant to release. The case of Abdul L. Aswad v. Norfolk Southern Railway Co., et al., No. 04-2536, Va. Cir., City of Portsmouth; 2006 Va. Cir. LEXIS 43 states three possible...