Employee develops osteoarthritis from ballast: Failure to follow engineering rules: Osteoarthritis in knees: Settlement

Law Reporter, Oct 2002

Parten v. CSX Transp., Inc., Ga., Fulton County State Ct., No. 00-VS-003387E, Oct. 2001.

Parten, 49, was a brakeman/conductor for a railroad from 1972 to 1998. He was required to walk on large mainline ballast rock that was over one inch wide. Parten developed osteoarthritis in his knees and subsequently underwent surgery on his right knee. His medical expenses were covered by his employer. Parten is now permanently disabled. His lost wages and benefits total $800,000.

Parten sued the railroad, alleging it failed to follow industry standards and its own engineering rules that required ballast rock used for considerable foot traffic to measure between three-eighths and one inch. Specifically, plaintiff contended that if he had worked on smaller ballast, he would not have developed such a severe case of osteoarthritis.

During trial, the parties settled for $325,000. Plaintiff's experts were Raymond Duffany, railroad engineering rules, West Bloomfield, Mich.; Don Bowden, railroad engineering rules, Atlanta, Ga.; Michael Shinnick, ergonomics, Blacksburg, Va.; Mark Griffith, physical medicine and pain management, Lafayette, Ind.; and Robert S. Widmeyer, orthopedic surgery, Roanoke, Va.

Defendant's experts were Roy Lee Dean, railroad engineering rules, Littleton, N.C.; J. Leonard Goldner, orthopedic medicine, Durham, N.C.; and Paul Shirley, orthopedic medicine, Jacksonville, Fla.

Plaintiff's Counsel

*C. Richard Cranwell, Roanoke, Va.

*H. Keith Moore, Roanoke, Va.

*Edward S. Cook, Atlanta, Ga.

*Donald F. Ruzicka, Atlanta, Ga.