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FELA – Railroad Cars Strike Locomotive With Great Force, Propelling Plaintiffs To Floor In Train Yard


The 35 year old plaintiff contended that he suffered a partial right rotator cuff tear and impingement syndrome requiring shoulder surgery on the right dominant side. This plaintiff also maintained that he sustained herniations at L3-4 and L4-5 that were confirmed by MRI and which necessitated epidural injections. The plaintiff maintained both injuries will cause pain and weakness.

This plaintiff was earning $27.96 per hour and he was out of work for approximately seven months. He made a lost wage and lost overtime claim in the approximate amount of $40,000.

The 60 year old co-plaintiff contended that he sustained an avulsion fracture of the medial talus of the left ankle and left shoulder contusion with tendonitis. The injuries substantially resolved. This plaintiff lost three months of work. He was earning $29.29 per hour and asserted a lost wage and lost overtime claim for this time period in the approximate amount of $19,156.75.

The case settled prior to trial for $404,406, including $334,406 to the initial plaintiff and $70,000 to the co-plaintiff.

K.K., et al. v. PATH.
Attorney for plaintiff: Charles A. Cerussi of Cerussi & Gunn, P.C. in Shrewsbury, NJ.