PHILADELPHIA – A settlement was reached in the case of a Pennsylvania man who worked in multiple capacities for a pair of major rail transport companies and claimed they violated the Federal Employers Liability Act (FELA), by putting him in a long-term career environment which caused him permanent injury.
Per court records, the agreement between Joseph Decock of Leechburg, Consolidated Rail (Conrail) Corporation of Philadelphia and Norfolk Southern Railway Company of Norfolk, Va. was reached on July 10, and a request was made by Decock’s counsel to mark the case as settled, discontinued and ended.
Terms of the settlement were not disclosed.
Decock of Leechburg initially filed suit on Feb. 22, 2017 in the Philadelphia County Court of Common Pleas, against Consolidated Rail (Conrail) Corporation in Philadelphia and Norfolk Southern Railway Company, of Norfolk, Va.
“Plaintiff [Joseph] Decock was working as a trackman, assistant foreman of track, track foreman, orgotherm welder and cook within the course and scope of his employment for defendants for many years, and was overexposed to musculoskeletal stressors when he developed occupationally-induced musculoskeletal injuries and disease(s) to his shoulders, and on June 17, 2016, he underwent a right total shoulder arthroplasty,” the suit says.
The plaintiff claimed the severe physical injuries the defendants caused him were permanent and disabling, in addition to mental and emotional injuries. The plaintiff added the defendants failed to provide him with a safe work environment, appropriate equipment, adequate supervision, tools and manpower.
Prior to settlement, the plaintiff was seeking damages, jointly and severally, in excess of the court’s jurisdictional minimum, plus costs and other remedies at law in equity, in addition to a trial by jury in this matter.
The plaintiff was represented by David L. Lockard of David L. Lockard & Associates, in Philadelphia.
Philadelphia County Court of Common Pleas case 170205296
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at email@example.com