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Straight
Track Special Verdict Report
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Big Verdict For Metra Engineer
"Trapped-Doored"
James L. Farina, Attorney
Hoey & Farina
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Designated Counsel James L.
Farina of Hoey & Farina, P.C. is proud to report that his associates,
George T. Brugess and William J. McMahon, obtained a $500,000.00
gross verdict in Chicago, Illinois, on behalf of Harry Balough, a 60
year old Metra locomotive engineer. As a result of a defective trap door
latch on the locomotive, Mr. Balough was struck in the head by
the trap door when the latch released. He suffered traumatic migraines
and was disabled from working as an engineer.
The injury to Mr. Balough
occurred on July 6, 2005. However, Mr. Balough was one of numerous Metra Electric engineers to be hit in the head while climbing into a
Metra Electric locomotive due to the trap door latch giving way. Mr.
Brugess, with the assistance of Mr. McMahon, effectively argued that
Metra violated the Federal Railroad Administration regulations that
require locomotive trap doors to latch securely in the up and down
positions.
At trial Metra claimed the
accident was the fault of Mr. Balough for not ensuring that the trap
door was latched in the upright position.
On July 13, 2009, after a two
week trial, the jury awarded Mr. Balough $500,000.00 for his claim under
the Federal Employers’ Liability Act (“FELA”). But, the jury also found
Mr. Balough 40% at fault and reduced its award to $300,000. However, the
jury also answered special interrogatories finding that Metra violated
the Locomotive Inspection Act and that the violation was the cause of
Mr. Balough’s injury.
Mr. Brugess immediately filed
a post trial motion asking the Court to eliminate the finding of
contributory negligence because a violation of the Locomotive Inspection
Act did not provide for a reduction of damages for contributory
negligence. Metra argued in its post trial motion that the locomotive
was not “in use” and the jury instructions were incorrect. On October
14, 2009, Judge Hubbard of the Circuit Court of Cook County agreed with
Mr. Brugess and entered judgment for the full amount of the verdict,
$500,000.00, in favor of Mr. Balough.
Congratulations to Mr.
Balough, George Brugess, William McMahon and the team at Hoey & Farina,
P.C. If you have any questions regarding this case, the Locomotive
Inspection Act or any FELA matter, please contact our office at (888)
425-1212 or email
info@hoeyfarina.com.
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