Case Description:

Wrongful Death

Court/Date:

Cincinnati, Ohio, 2000

Facts:

In 1999, a Norfolk Southern railroad worker, Stephen Carper, was riding on the side of a locomotive engine when he was crushed between two locomotive engines in the Queensgate rail yard in Cincinnati, Ohio.  Another crew had left several locomotive engines in a close clearance situation, causing this tragic injury.  The railroad blamed our client for failing to recognize the close clearance situation.  Tragically, Mr. Carper died two days later as a result of the massive injuries he sustained.  Mr. Carper was survived by his wife and young child.

Trial:

Francis Hajek handled the case and did a site inspection of the rail yard.  He worked with several experts to re-create what had happened, including an animation of the movement of Mr. Carper’s locomotive engine.  Francis Hajek was able to prove that Mr. Carper could not have appreciated the close clearance situation until it was too late.  This evidence was presented to the railroad in a settlement package that dramatically illustrated the railroad’s responsibility for Mr. Carper’s death and photographically demonstrated the losses in the case.

Verdict/Settlement:

On the night before trial was to begin, the railroad doubled its offer and the case settled for $2,000,000.00