Case Name: Daly v. Norfolk Southern Railroad Co., et al.
Date Decided: February 17, 2010
Court: U.S.D.C. D. New Jersey
Judge: Judge Martini
Citation: 2010 WL 572116 (D.N.J.)

Background:
Representative of deceased brought this action against railroad employer under FELA, Federal Employers’ Liability Act, alleging a wrongful death and survival action.

Sean Daly was an employee of Intermodal Ramp Management, Inc. assigned to work at a Norfolk Southern site in New Jersey. While working at the site, Daly suffered a fatal accident. Daly’s wife brought this action against Norfolk Southern and Intermodal in the N.J. Superior Court which was then removed to federal court by Norfolk Southern.

Case Name: Robert W. Kennedy v. Illinois Central Railroad Company
Date Decided: January 7, 2010
Court: Supreme Court of Mississippi
Judge: Judge Carlson
Citation: 2010 WL 27851 (Miss.)

Background:
Robert Kennedy filed this action against employer, Illinois Central Railroad Company, under FELA (Federal Employers’ Liability Act) for damages he incurred as a result of alleged exposure to asbestos.

Kennedy was an employee of Illinois Central from 1948 – 1992. Kennedy developed asbestosis and filed suit in August 31, 2006 claiming exposure to asbestos, while performing his duties, was the cause of his asbestosis. Kennedy asserted Illinois Central negligence for failing to provide him with a safe place to work because of the asbestos exposure.

Case Name: Thomas Myers v. Illinois Central Railroad Company
Date Decided: January 8, 2010
Court: U.S.D.C. C.D. Illinois
Judge: Judge McCuskey
Citation: 2010 WL 118746 (C.D.Ill.)

Background:
Railroad conductor, Thomas Myers, brought this action under FELA, Federal Employers Liability Act, and LIA, Locomotive Inspection Act, alleging that Illinois Central Railroad Company’s negligence and actions caused multiple cumulative injuries.

Case Name: Donald J. Butynksi v. Springfield Terminal Railway Company
Date Decided:  January 22, 2010
Court: United States Court of Appeals, First Circuit
Judge: Judge Selya
Citation: 2010 WL 204294 (C.A.1(Mass.)

Background:
Railroad employee, Donald Butynski brought this action under FELA, Federal Employers’ Liability Act against employer, Springfield Terminal Railway alleging he fractured his wrist in a slip and fall.

While part of a crew assigned to repair tracks, Butynski slipped and fell and in the process of breaking his fall, he fractured his wrist. His injuries were disabling and ended his career with Springfield.