Our Partner Chuck Deluca and Associate Beck Fineman won a unanimous defense verdict after a two week trial in the United States District Court for the District of Connecticut on July 20, 2012 for long-time client Metro-North Railroad. The case was brought by a railroad employee pursuant to the Federal Employers’ Liability Act (FELA) 45 U.S.C. § 51, which allows railroad workers to sue for on the job injuries caused by the negligence of the railroad.
The plaintiff in this case brought two FELA suits which were consolidated for trial. The plaintiff received electric shocks while working in a train repair shop on two different occasions and claimed left-side hemiparesis, brain injury, cognitive deterioration and facial nerve injuries, all resulting in an inability to work or care for himself. The plaintiff’s economic damage model included a significant life care plan and lost earning capacity component approaching $15 million. The pretrial demand on the case was $16 million.
There were numerous experts called during the trial of the case by both sides including electrical experts, economists, neurologists and neuropsychologists. During the course of the trial the demand dropped to $6.5 million. The jury deliberated for approximately one hour before returning a defense verdict on both cases finding that the railroad was not negligent.