PHILADELPHIA – A Southeastern Pennsylvania Transportation Authority (SEPTA) conductor is suing the agency for violation of the Federal Employers Liability Act (FELA) and Federal Locomotive Inspection Act (FLIA), alleging a malfunctioning trap caused her to suffer serious shoulder, spine and leg injuries.
Denee Bynum of Glenside filed suit in the Philadelphia County Court of Common Pleas on July 26 versus SEPTA, also of Philadelphia.
“On Sept. 7, 2017, plaintiff Denee Bynum was injured due to a malfunctioning trap, while working as a conductor aboard defendant SEPTA’s Train No. 568. It is believed and therefore averred that the trap that caused the plaintiff’s injuries was defective, with a broken latch, with said trap flying up without warning or contact by any persons. At all times material hereto, plaintiff was injured while in the course and scope of her employment with defendant SEPTA,” per the litigation.
The suit claims as a result of SEPTA’s negligence, Bynum sustained injuries to her right shoulder, right foot and right shin and spine, with ongoing migraines together with various other injuries, the exact extent of which are unknown at this time, but may be and probably are of a permanent nature.
Bynum claims SEPTA violated both FELA and FLIA by not providing her with a safe place to work, not providing properly functioning equipment, not using due care under the circumstances, failing to ensure the latch on the trap at issue was duly inspected, maintained and secured, and other acts of negligence to be determined at trial.
For counts of violating FELA and FLIA, the plaintiff is seeking damages in excess of the arbitration limits, in addition to a trial by jury with 12 jurors.
The plaintiff is represented by Robert E. McCann and Mark Jaffe of McCann & Wall, in Philadelphia.
Philadelphia County Court of Common Pleas case 180703044
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com