The FELA attorneys at Peter Higgins Law represented a sleeper car train attendant who sustained a torn rotator cuff injury while preparing beds in a passenger car. She sustained the injury when she pulled down hard on a “stuck” upper bunk bed. After several surgeries to repair the torn rotator cuff, our client developed a permanent, painful condition in her shoulder called Complex Regional Pain Syndrome (“CRPS”). She was never able to return to work for the railroad.
Failure to Provide a Safe Workplace
The lawyers at Peter Higgins Law filed a lawsuit under the FELA against the railroad for their failure to provide a reasonably safe place to work. The railroad defended the case by arguing that there were no defects found in the bed that our client was working on when she sustained her injury.
Railroad Workplace Training Responsibilities
Peter Higgins Law was able to show, however, that the railroad’s duty to provide a safe place to work applies not only to making sure the equipment on the train is safe, but also that the employees receive the necessary instruction and training on the proper way to use the equipment.
After taking depositions of our client’s co-workers and supervisors, the attorneys at Peter Higgins Law were successful in proving that the employees were trained to use extra force and “muscle down” any beds that appeared to be stuck.
Client Receives Confidential Railroad Settlement
Shortly after these depositions, the case settled on behalf of our client for a confidential amount. The name of the railroad is also confidential pursuant to the settlement agreement.