Cases
Representative Matters: Successfully received a defense verdict on behalf of a major railroad client in a 2.5-week Federal Employers Liability Act (FELA) case trial in New York state court, where the plaintiff boarded roughly $200,000 in wage losses
alleged a 25% permanent disability for advanced degenerative changes in his lumbar spine
subsequent spinal fusion. After the defense team argued that the client provided a reasonably safe place to work
that the plaintiff's back degeneration was due to a preexisting congenital pars defect, the jury found that the railroad did not violate the Locomotive Inspection Act
had provided the plaintiff with a reasonably safe place to work under FELA.
Obtained two defense verdicts for a major Class I railroad in two alleged solvent-induced brain damage cases. The plaintiffs alleged exposure to various chemicals, paints
degreasing agents over the course of their 23-year long careers. Plaintiffs offered testimony at trial that PET scans
MRIs demonstrated white matter disease
diffuse brain injuries. After two weeks of trial, the jury returned defense verdicts finding that the railroad provided both plaintiffs with reasonably safe places to work.
Successfully defended two Class I railroads in a three-week jury trial in which the plaintiff alleged that his neck
back injuries
resultant total disability were due to whole body vibration exposure
poorly designed locomotive seats
engines throughout his career working on the railroad. The jury returned a defense verdict on plaintiffs' claims of occupational long-term vibration exposure.
Successfully defended a national auto parts chain in an OSHA citation contest involving a scissor lift fatality.
Obtained a favorable settlement on behalf of a national construction company in an OSHA citation involving a fatality resulting from the use of alleged faulty
defective h
held tools.
Successfully defended a large international chemical distribution company in an OSHA citation alleging inadequate Process Safety Management with regard to formaldehyde packaging. The client received a substantial reduction in fines
the withdrawal of several alleged violations.
Successfully defended a Class I railroad in a two-week jury trial in which it was alleged that the plaintiff's exposure to repetitive bending, lifting
twisting on the job as a trackman led to his herniated
bulging lumbar
cervical disks resulting in his disability. The plaintiff sought damages in excess of $1 million for future wage loss. The jury returned a defense verdict.
Successfully defended a Class I railroad in a three-week jury trial in which the plaintiff alleged that his rotator cuff injury, surgery
six figure wage loss was due to exposure to repetitive motions as a signal maintainer. The jury returned a modest verdict at a level below the last settlement offer.
Successfully defended a Class I railroad in a two-week jury trial involving two consolidated plaintiffs claiming that they developed carpal tunnel syndrome
ulnar nerve entrapment due to repetitive forceful h
use on the job throughout their career. The jury returned verdicts below the last offer of settlement.
Successfully defended a Class I railroad in a bench trial in which it was alleged that plaintiff's work as a maintenance-of-way employee caused him to develop degenerative changes
a bulging disk in his lumbar spine. Defense verdict obtained.
Successfully defended a Class I railroad in which the plaintiff alleged that the railroad's negligence caused him to fall from a locomotive
break his elbow while performing repair work at a repair facility. The jury returned a defense verdict.
Successfully defended a Class I railroad in a two-week jury trial in which the plaintiff alleged that his recurrent carpal tunnel syndrome was due to repetitive motion
negligence of defendant in failing to properly train on ergonomic risk factors on the job
failure to provide an adequate ergonomic program. Defense verdict obtained.
Successfully defended a big box retailer in a premises liability case in which the plaintiff alleged that he suffered from a broken hip as a result of a slip
fall. Motion for summary judgment granted.
Successfully provided risk management consulting services to a short line railroad confronted with novel personal injury litigation. On behalf of the railroad, the firm assembled st
ard defense experts
implemented a defense strategy with local counsel.
Successfully provided regulatory compliance consulting services to segments of the transportation
chemical industries confronted with onerous proposed federal regulations.
Has successfully h
led OSHA citation contests in employee fatality
injury cases in several industries including construction, warehousing, retail
oil
gas.
