Case Archives: Railroad Accidents
In an action brought by the widow and injured co-workers of a Massachusetts transportation company employee for a defectively designed warning device (train horn), Sugarman attorneys reached a settlement on behalf of their clients when the court denied the defendant horn manufacturer’s motion for Summary Judgment. The manufacturer tried to argue, unsuccessfully, that the horn was not defective and did not play a role in causing the accident.
Two railroad workers were severely injured while working in a tunnel when they were struck by a moving train as a result of improper monitoring of their work. Both recovered under the Federal Employers Liability Act.
The Superior Court’s judgment for the defendant was overturned because the extent of the duty owed by the City to an injured child was a question of fact for the jury to determine, and the defendant could not avoid liability under the discretionary function exemption of the Massachusetts Tort Claims Act (G. L. c. 258, § 10(b)). At trial, the jury awarded Sugarman‘s clients damages for injuries to a child trespasser after his arm was run over by a train as he walked along railroad tracks on his way to school.
Two railroad electricians were injured by the unexpected movement of a train. A settlement was reached for the electricians, who were thrown from a man-lift onto moving train.