Daniel J. Fleming Secures Defense Verdict In a FELA Case For a Major Railroad Client
Daniel J. Fleming, Chair of the Transportation Group at Johnson Pope Bokor Ruppel & Burns, LLP successfully obtained a defense verdict for a major Class I railroad client in a week-long jury trial held in Miami-Dade, Florida. The plaintiff was represented by a well-known and highly regarded FELA plaintiffs’ firm. The claim, brought under the Federal Employers Liability Act (FELA), involved an electrician plaintiff claiming that Amtrak’s negligence caused a career ending injury to his shoulder resulting in multiple surgeries and a permanent and total disability with respect to his railroad employability. At trial, the defense contended the Plaintiff was at fault in causing any injury he sustained, and that the incident would not have occurred had Plaintiff not attempted a shortcut. The jury found no negligence on the part of Amtrak which was a legal cause of Plaintiff’s alleged damages.