Railroad worker forced to work, walk, on yard's large, mainline type ballast: FELA liability: Osteoarthritis in knees: Verdict

Law Reporter, Apr 2004

Miller v. CSX Transp., Inc., Md., Baltimore City Cir. Ct., No. 24-C-01-003915, July 23, 2003.

Miller had worked as a brakeman/conductor with CSX railroad for over 24 years. Miller spent about half of his time working in the railroad yard, where large, mainline type ballast had been used. From the ballast, he mounted onto moving railroad cars, and he also descended from moving cars onto the ballast.

Miller developed early onset osteoarthritis in both of his knees. He underwent surgery on his left knee. Afterward he returned to work as a road conductor, but was forced to leave work permanently about two years later due to the deterioration of his knees.

Miller subsequently underwent partial knee replacement surgery. Now 53, he expects to need further surgery on his left knee and also replacement surgery on his right knee. His past and future lost wages and benefits total over $500,000.

Miller sued CSX under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51 et seq. Plaintiff alleged that defendant had failed to provide the appropriate type of ballast in the yard, and that defendant's rules required the use of smaller, walking ballast in yards where brakemen walked and worked. Plaintiff alleged that CSX was aware of the problems associated with working on mainline ballast, having received numerous written complaints from CSX workers about these problems during the preceding 20 years.

A jury awarded $1.5 million dollars. Defendant has filed a notice of appeal.

Plaintiff's experts in this case were Raymond Duffany, railroad rules and work practices, West Bloomfield, Mich.; Robert Andres, ergonomics, Pelham, Mass.; Robert S. Widmeyer, orthopedics, Roanoke, Va.; and Douglas Shepard, orthopedic surgery, Baltimore, Md.

Defendant's experts were Roy L. Dean, railroad rules and work practices, Littleton, N.C.; John Hungerford, ergonomics, Knoxville, Term.; and Paul D. Shirley, orthopedics, Jacksonville, Fla.

Plaintiff's Counsel

*C. Richard Cranwell, Roanoke, Va.

*H. Keith Moore, Roanoke, Va.

*Guy Albertini, Baltimore, Md.

Theresa A. Rosendale, Baltimore, Md.