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John Inserra

FELA – Do I have to Move?

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.

John Inserra

Kentucky FELA Verdict

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…

John Inserra

Crashworthiness Rule issued by Federal Railroad Adminstration

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.

John Inserra

US Supreme Court

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…

John Inserra

Release of Claims

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…

John Inserra

Railroad Employee Injuries

Railroad Union designation presents me the opportunity to talk to many local unions about the Federal Employers Liability Act (FELA). You can dowload my Power Point presentation made to the members of those locals by clicking on Download file.For anyone who works for a railroad, or have clients that work for a railroad, it is important to know that if you are injured on the job, you are not…

Staff Writer

Railroad Accident Injuries and FELA

Fellow InjuryBoard blogger Rick Shapiro in Virginia has a great post that breaks down FELA rights for railroad workers as well as other types of railroad accidents, such as cars being hit by trains at railroad crossings or people being injured on pasenger trains. Like Rick’s firm, our firm has extensive experience with all types of FELA, railroad and train accidents. If you have suffered any…