Proceedings continue in case of pipefitter who said NJ Transit committed FELA violations

By Nicholas Malfitano | Sep 6, 2018

New Jersey Transit  

PHILADELPHIA – The case of a New Jersey Transit train pipefitter who charged his employer with violating the Federal Employers Liability Act (FELA) when it allegedly permitted conditions which gave him severe shoulder injuries will be heard in a Philadelphia courtroom next year.

According to a case management order released by Philadelphia County Court of Common Pleas Judge Arnold L. New on July 17, all discovery will be completed by Jan. 7 of next year, with all pre-trial motions to be filed before Feb. 4, 2019, and a pre-trial conference will be scheduled any time after April 1, 2019. Finally, the case will be ready for trial on May 6, 2019.

On April 10, James Beck of Levittown initially filed suit in the Philadelphia County Court of Common Pleas versus New Jersey Transit Rail Operations, Inc. (NJT) of Newark, N.J.

“At all times material hereto, Mr. Beck was in the employ of defendant NJT as a pipefitter. On April 28, 2015, during the course of his employment for NJT, Beck was cleaning approximately 10 cars. While attempting to climb onto a NJ Transit car, Beck grabbed the hand rail, sustaining injuries to his left shoulder. The accident occurred within the Commonwealth of Pennsylvania,” the suit said.

Beck believed NJT violated both the Federal Employers Liability Act (FELA) and Locomotive Inspection Act (LIA) by failing to exercise reasonable care to furnish him with a safe place to work, failing to inspect the work areas to discover defective, dangerous and unsafe conditions, and failed to promulgate and enforce safe work methods and rules, among a long list of other allegations.

The suit explained Beck consulted a number of medical professionals in both New Jersey and Pennsylvania for treatment of his shoulder injuries, which included both non-operative treatment and physical therapy to his left shoulder.

Due to NJT’s alleged negligence, Beck asserted he was out of work from April 28 to July 30, 2015, during which he suffered lost wages and benefits, incurred substantial medical expenses and endured serious physical and emotional pain, stress, suffering, immobility and inconvenience.

For a count of FELA violation, the plaintiff is seeking damages in excess of $50,000, plus interest, costs, fees and such other and further relief the Court and jury shall deem appropriate.

The plaintiff is represented by William L. Myers Jr. of The Myers Firm, in Philadelphia.

The defendant is represented by John A. Thiry and Stephen A. Scheurle of Hohn & Scheurle, also in Philadelphia.

Philadelphia County Court of Common Pleas case 180401385

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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