Hoey and Farina is proud to report that its FELA lawyers has obtained a verdict in the sum of $1,390,000.00 on behalf of Jerry Morgan for spinal injuries sustained as a result of years of exposure to excessive locomotive vibration.
On Thursday, March 29, a Louisville, Kentucky jury rendered a verdict in favor of Engineer Morgan and against the Paducah & Louisville Railway.
The railroad had so much confidence in its defense that it offered only $15,000.00 to settle Mr. Morgan's FELA - Federal Employers' Liability Act claim before trial!
Mr. Morgan worked as a locomotive engineer for Defendant, Paducah & Louisville Railway, for most of his adult life. Throughout that time he was constantly exposed to an unreasonable hazard of personal injury because of unremitting vibration.
Plaintiff and several of his coworkers (including Butch Loe and John Thompson) testified that Paducah & Louisville Railway's locomotives had a noticeably harder ride and considerably more vibration than the locomotives of other railroads which they occasionally operated.
Plaintiff's liability expert, William Bogett, testified that, in his opinion, the excess vibrations on Paducah & Louisville Railway locomotives violated the Locomotive Safety Act, 49 U.S.C. 20701. The manner of construction and lack of maintenance resulted in excess vibration, and unreasonably increased the hazard of injury to railroad employees assigned to those engines.
As a result of the hard ride and vibrations from the Paducah & Louisville Railway engines, Jerry Morgan's spine became severely degenerated. He underwent extensive surgery to his thoracic spine, including implanting of rods and cages to stabilize his spine. His physician, Dr. Richard Holt, unequivocally testified that Mr. Morgan's spinal degeneration was caused by the vibrations of the locomotives he operated at work.
Dr. Holt's opinions are substantiated by peer-reviewed medical research establishing the causal connection between excess locomotive vibration and spinal degeneration in locomotive engineers.
Mr. Morgan is only fifty-one years old. His last day worked was in September of 2002. He is totally and permanently disabled.
Congratulations and thanks to the Team at Hoey & Farina for this great victory for a deserving railroader.