Employee's hand caught between cars: Safety Appliance Act violation: Crush injuries to hand: Settlement

Law Reporter, May 2001

Stone v. CSX Transp., Inc., Fla., Duval County Cir. Ct., No. 99-02846, Sept. 26, 2000.

Stone, 53, was attempting to manually reposition a coupler on a railcar that had failed to couple automatically with the coupler on another car. A railroad crew pushed a car down the track, causing another car to collide with the car Stone was working on. Stone's right hand was caught between two couplers. He suffered crush injuries to the hand, including multiple fractures to three fingers and a partial degloving of the ulnar part of the hand. He underwent surgical amputation of a finger, plastic surgery, and physical rehabilitation. His medical expenses of approximately $30,900 were paid by the railroad. Stone had been a yard conductor earning approximately $37,000 annually. His past and future lost earnings are about $270,000. He has been unable to return to work.

Stone sued the railroad, alleging it violated the Safety Appliance Act, 49 U.S.C. 20301 et seq., in that it used a railcar that was not equipped with couplers that coupled automatically on impact. Consequently, they required manual coupling by employees who had to go between the ends of cars.

Defendant argued that plaintiff's negligence caused his injury. Defendant claimed that plaintiff should not have put his hand between the couplers knowing that cars were going to be pushed down the track.

The parties settled after mediation for $789,500. Plaintiff's expert witnesses in this case included Norman Cleveland, safety appliances, Monroe, N.C.; John McDonald, railroad practices/procedures, Seven Hills, Ohio; Ted Vaughn, plastic surgery, Greenwood, S.C.; and Jack Greider, hand surgery, and Joseph Perry, economics, both of Jacksonville, Fla.

Defendant's experts included Dan Rimer, safety appliances, Florence, S.C.; and Hugh Switzer, orthopedic surgery, Philip Yates, psychiatry, Scott Marshall, vocational rehabilitation, and Earle Traynham, economics, all of Jacksonville, Fla.

Plaintiff's Counsel

*Howard A. Spier, Miami, Fla.

*Charles H. Baumberger, Miami, Fla.