Trial Magazine

Eddie Russell, 48, was a passenger on a Metro-North Railroad commuter train operated by conductor William Rockefeller that derailed as it rounded a curve. Russell suffered bulging disks at L2-3 and L4-5 and required 18 months of physical therapy. He also developed post-traumatic stress disorder, which manifests as depression and sleep disturbances. He underwent three years of counseling to treat his problems.

Russell sued Metro-North and its parent company, Metropolitan Transportation Authority, alleging that Rockefeller had negligently operated the train. The plaintiff asserted that the train was traveling 82 mph in a 30-mph zone right before the derailment occurred and that the conductor, who suffered from sleep apnea, was sleeping at the time of the incident. Suit also claimed that the railroad failed to implement a policy for checking conductors for sleep apnea. The plaintiff did not claim medical expenses.

The defense asserted that Russell’s spinal injuries resulted from his degenerative condition.

The parties settled for $450,000 at mediation.

Citation: Russell v. Metro N. R.R., No. 21480/14 (N.Y. Sup. Ct. Bronx Cnty. June 21, 2018).

Plaintiff counsel: AAJ member Robert Vilensky, New York City.

Plaintiff experts: Louis Rose, orthopedic surgery, Bronx, N.Y.; Marcia Knight, neuropsychology, New York City; and Michael Weintraub, neurology, Briarcliff Manor, N.Y. Defense expert: Adam Bender, neurology, New York City.