PHILADELPHIA – A Southeastern Pennsylvania Transportation Authority (SEPTA) coach cleaner who filed a lawsuit against her employer for injuries she said she sustained in the course of her duties, has settled with the transportation entity.
On March 11, court records disclosed plaintiff Linda Y. Burrell had settled her litigation against SEPTA, subsequent to a back-and-forth battle over a judgment originally rendered in her favor during pre-trial arbitration session.
“The court having been advised that the within case has been settled, the case shall be so marked on the docket and removed from the applicable list and inventory of pending cases. If the instant proceedings involve an appeal from a compulsory arbitration award, any lien from the arbitration award is released. This case may be restored to the trial list only upon written order of the team/program leader. This relief shall be requested by formal motion,” according to the settlement motion from Philadelphia County Court of Common Pleas Lisette Shirdan-Harris.
On Aug. 28, 2018, arbitrators found in favor Burrell for an amount of $8,000 and then subtracted 25 percent for her own comparative negligence in the matter, for a final amount of $6,000. Four weeks later, on Sept. 26, 2018, SEPTA filed notice of their intent to appeal the judgment through a jury trial – however, the case was settled prior to assignment for such a trial.
Burrell, of Philadelphia, initially filed suit in the Philadelphia County Court of Common Pleas on Nov. 22, 2017 versus SEPTA, also of Philadelphia.
“On May 23, 2017, plaintiff was working at defendant’s Chestnut Hill West Station as a coach cleaner. As plaintiff attempted to board Car 810, she sustained the serious and painful personal injuries when she fell into the open trap stairway. Plaintiff was caused to sustain injury due to the negligence and carelessness of the defendant as that trap is not supposed to be open at that station. As a result, plaintiff sustained the severe personal injuries hereinafter described,” the suit stated.
Burrell suffered aggravation to pre-existing injuries and/or sprains and strains to her back, neck, right shoulder and right wrist, along with injuries to her head and face, the suit says. Due to said injuries, Burrell was required to receive treatment for aggravation of pre-existing conditions and suffered a loss of earnings and impairment to her earning capacity and power, the suit says.
Burrell claimed SEPTA violated federal law by not providing her with a safe place to work, failing to provide her with non-defective equipment, failing to correct the dangerous condition existing at the station and a number of other charges.
Prior to settlement and for one count of FELA violation, the plaintiff was seeking damages not in excess of $50,000.
The plaintiff was represented by Voci R. Bennett of Keller & Goggin, in Philadelphia.
The defendant was represented by Lauri A. Kavulich, Amy C. Lachowicz, Daniel J. McGravey and Veronica Saltz Turner of Clark Hill, also in Philadelphia.
Philadelphia County Court of Common Pleas case 171102275
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com