PHILADELPHIA – The estate of a Southern New Jersey man has sued the Southeastern Pennsylvania Transportation Authority (SEPTA), alleging that the agency failed to protect him in his work as a conductor and subsequently led him to contract a two-year-long fatal case of COVID-19.
The Estate of Michael A. Hill of Gloucester, N.J. filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Feb. 23 versus SEPTA, of Philadelphia.
“On or about April 2, 2020, plaintiff arrived at his job, as a conductor for SEPTA. As the day progressed, Mr. Hill was having trouble breathing and experiencing fatigue and stomach issues. On April 4, 2020, Mr. Hill went to Inspira Medical Center because he started coughing up blood and mucus,” the suit says.
“On April 5, 2020, Mr. Hill was admitted to the ICU. On April 6, 2020, Mr. Hill was placed on a ventilator. On April 14, 2022, Mr. Hill died from complications due to COVID-19.”
The suit adds that the plaintiff’s injuries were caused in whole or in part by the negligence, carelessness and recklessness of the defendants, insomuch that it failed to provide the plaintiff with a safe place to work as required by the Federal Employers Liability Act, failed to ensure that appropriate personal protective equipment was available and used, failed to communicate with the conductors regarding COVID-19 regulations and failed to communicate with the work gangs regarding their co-workers having COVID-19.
“As a result of the aforesaid, plaintiff died from complications due to COVID-19. As a result of the aforesaid, plaintiff had incurred a medically determinable physical impairment which prevented plaintiff from performing all or substantially all of the material acts and duties which constitute his usual and customary work and limited his mobility and daily activities as well as enjoyment of life. As a direct result of the defendants’ negligence, through their agents, servants, workmen and/or employees, the plaintiff was unable to attend to his usual duties and occupations, all of which caused substantial financial loss,” the suit states.
For counts of violating the Federal Employers Liability Act, the plaintiff is seeking all remedies available.
The plaintiff is represented by Robert S. Goggin III of Keller & Goggin, in Philadelphia.
The defendant has not yet obtained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-00702
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com