Case Description:

Railroad Conductor suffers aggravated ankle injury

Court/Date:

Petersburg Circuit Court, Virginia, 2010

Facts:

A CSX conductor was injured in 2008, when the rail car he was riding derailed.  The derailment occurred in a CSX rail yard in Virginia.  The rail car had been reported as a bad order car because a conductor working an earlier job in the yard had observed that the car's air hose bracket was broken and dragging on the ground.  Although the yardmaster was notified of the condition, he did not restrict the movement of the car.  A report of the bad order car was sent to the mechanical department, but a car mechanic was not sent to repair the car and/or determine if the car was safe to be moved.  Fifteen (15) hours later, the car derailed when being moved and the cause of the derailment was the broken air hose bracket.  The conductor was injured and was unable to return to work as a conductor because of restrictions preventing him from walking on uneven surfaces.

Trial:

In the course of the lawsuit, a site inspection was performed and our expert was able to illustrate how the defect caused the derailment.  The case settled at mediation for a confidential sum.

Verdict/Settlement:

Confidential.