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Employer Pays $5 Million for Amputations Caused by Train

Amount: $5,000,000
Court: Cuyahoga County Court of Common Pleas

Plaintiff’s foreman directed that he and another employee fill in for co-workers in the company’s railroad switching crew. Neither had previously performed this task. While left there unsupervised, Plaintiff was struck by a train, resulting in amputation of both legs above the knee. The accident occurred during a maneuver in which the inexperienced co-worker moved the railroad equipment without assurance that Plaintiff was free of the railroad tracks and clear of any danger. We were able to demonstrate that this was a dangerous maneuver, that the employer knew that to be the case, and despite this knowledge, required our client to be subjected to that danger under circumstances in which injury to him was substantially certain to occur.

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