Train's power system energizes during electrical repair: Failure to follow safety rules, lock and tag power boxes: Burns: Verdict

Law Reporter, Dec 2001

Bashir v. National R.R. Passenger Corp., D.C., D.C. Super. Ct., No. ca0002182, Sept. 14, 2001.

Bashir, 36, was helping a coworker repair an electrical receptacle on a train car. As Bashir put needle-nose pliers in the receptacle to reposition an electrical pin, the train's power system was suddenly energized by another employee. An electrical explosion occurred. Bashir suffered second- and third-degree burns over 15 percent of his body, including his face, neck, chest, shoulders, arms, and hands. He also suffered posttraumatic stress disorder. His medical expenses of about $119,000 were paid by the railroad. An electrician earning approximately $20 per hour, Bashir missed about eight months of work and incurred about $37,400 in lost wages.

Bashir sued the railroad, alleging it was negligent in powering the train without warning while electrical repairs were being performed. Moreover, plaintiff claimed defendant failed to follow its own rules, as well as custom and industry practice, for working around high-voltage electrical equipment.

Safety rules require that electrical power boxes be locked and tagged when a train's electrical system is being repaired, plaintiff asserted. To save time, plaintiff claimed, supervisors did not require employees to lock and tag the boxes. Plaintiff also alleged that employees were not provided locks to secure the boxes.

Additionally, plaintiff claimed defendant failed to supervise the manner in which electricians performed their work by not enforcing safety rules.

Defendant argued that plaintiff was contributorily negligent in failing to take precautions for his own safety by not locking and tagging an electrical power box.

A jury awarded plaintiff $3.5 million, reduced 22.5 percent for plaintiffs negligence.

Plaintiff's expert witnesses in this case were Marion Jordan, burns, Washington, D.C.; Isadora Mayer, psychotherapy, Laurel, Md.; and William Pugh, railroad safety, Valparaiso, Ind.

Plaintiffs Counsel

*Joseph J. Perez, Norfolk, Va.

Thomas F. Burris III, Norfolk, Va.