ALLENTOWN – Litigation from a jackhammer operator and his spouse against the Norfolk Southern railroad company, which claimed company negligence forced the operator to jump approximately 30 feet from a manlift in order to save his own life from an approaching train, has been closed.
Everett Maneth and Terra Maneth initially filed suit in the Philadelphia County Court of Common Pleas on Aug. 1, 2023 versus Norfolk Southern Railway Company and Norfolk Southern Corporation, of Atlanta, Ga.
“At all relevant times, plaintiff Everett Maneth was employed by HRI, Inc. HRI, Inc. was contracted by the Pennsylvania Department of Transportation to construct a new bridge and highway in Emmaus, Lehigh County, Pennsylvania, as well as demolish an old bridge. The old bridge was suspended over railroad tracks owned and operated by defendant Norfolk Southern. At all times during the project, defendant Norfolk Southern was required to provide flaggers onsite to alert people working on the bridge when a train was approaching. On or about Aug. 10, 2021, plaintiff Everett Maneth was working on a manlift approximately 25 to 35 feet above the ground. Plaintiff Everett Maneth was jackhammering cement from the old bridge which spanned above both active railroad tracks owned by defendant Norfolk,” the suit stated.
“Prior to Aug. 10, 2021, defendant Norfolk had flaggers on site, as required, to notify persons working on the project of the presence of oncoming trains. On Aug. 10, 2021, defendant Norfolk failed to ensure a flagger was onsite, at the appropriate location, performing appropriate flagging duties. At approximately 10:22 a.m. on Aug. 10, 2021, unbeknownst to plaintiff Everett Maneth, a train was fast approaching his work area while he was suspended 25 to 35 feet in the air. Plaintiff Everett Maneth was unable to hear the train as he was using a jackhammer and was never notified or warned by a Norfolk Southern flagger that a train was coming. Plaintiff Everett Maneth heard a nearby co-worker scream that a train was coming and only had seconds to make a life-saving decision. Plaintiff Everett Maneth immediately dropped the jackhammer, unhooked himself from the bucket and jumped off of the manlift five to six feet to the bridge deck below, before the train violently struck the manlift next to him.”
The suit continued Mr. Maneth “forcefully landed on the deck, causing severe injuries.”
“As a result of defendants’ recklessness, carelessness and negligence, plaintiff Everett Maneth was dazed and confused immediately following the crash. As a further result of defendants’ recklessness, carelessness and negligence, a few days later, plaintiff Everett Maneth lost all sensation and motor function in his left leg and fell to the ground, at which time he called HRI’s safety department and was sent to Mid-State Health for treatment,” the suit said.
“As a further result of the reckless, careless and negligent conduct of the defendant, plaintiff Everett Maneth was diagnosed with a left sided disc herniation at L5-S1, with impingement at the SI level, sharp low back pain, instability, numbness, tingling, pain radiating into his leg and numbness in his foot, left foot paresthesia, lumbar contusion, sprain and strain, lumbar radiculopathy and sacroiliitis. As a further result of the reckless, careless, and negligent conduct of the defendant, plaintiff Everett Maneth sought treatment with a psychologist, performed intense physical therapy and received injections in his back, which therapy and injections he will continue to receive in the future.”
On Aug. 21, 2023, the Norfolk Southern defendants removed the case to federal court, in the U.S. District Court for the Eastern District of Pennsylvania, citing diversity of citizenship between the parties and the amount of damages at issue – before answering the complaint and providing affirmative defenses on Aug. 28, 2023.
“Plaintiffs fail to state a claim under applicable Pennsylvania law upon which relief may be granted. Plaintiffs’ claims are barred by the applicable statute of limitations. Plaintiffs’ claims are barred or subject to reduction pursuant to any and all applicable releases. The injuries alleged to have been suffered by plaintiffs, either directly or derivatively, were caused, either in whole or in part, by the negligence of plaintiff Everett Maneth. Plaintiffs’ claims are barred, either in whole in part, by the doctrines of federal and/or state pre-emption,” according to the company’s defenses.
“The injuries which plaintiffs assert and the damages alleged to have resulted therefrom or caused, either in whole or in part, by persons or entities other than defendants over which defendants had no dominion nor control nor duty to exercise such. The acts or omissions of said persons or entities were intervening and/or superseding causes of plaintiff’s decedent’s alleged injuries and damages alleged to have resulted therefrom. Plaintiff has failed to mitigate his damages by failing to seek and/or follow competent medical advice and/or treatment and/or return to work and/or to seek and to obtain rehabilitation services or other employment being physically able to do so. Plaintiff’s injuries and damages, if any, are the result, either in whole or in part, of pre-existing conditions. At the time of the alleged accident, plaintiff failed to comply with or violated specific work rules applicable to the work being performed and/or instructions given or known to him.”
UPDATE
On Feb. 19 and prior to a scheduled settlement conference, counsel for all parties filed a stipulation with the Court, noting that the case had ended through a dismissal of the plaintiffs’ claims.
“The plaintiffs, Everett Maneth and Terra Maneth, his wife, hereby stipulate under Federal Rule of Civil Procedure 41(a)(1)(ii) that this action be dismissed with prejudice as to all claims, causes of action and parties, with each party bearing its own attorneys’ fees and costs,” the stipulation stated.
The plaintiffs were represented by Michael B. Smith of the Law Offices of Fanelli Evans & Patel, in Pottsville.
The defendants were represented by Craig J. Staudenmeier and Joshua D. Bonn of Cohen Seglias Pallas Greenhall & Furman, in Harrisburg.
U.S. District Court for the Eastern District of Pennsylvania case 5:23-cv-03209
Philadelphia County Court of Common Pleas case 230800115
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com