HUNTINGTON, W. Va. - It took a jury 25 minutes to decide CSX Transportation was not responsible for a conductor's injuries resulting from a railyard run-in with a goose, the Legal Newsline reports.
Aaron E. Richards had filed a FELA lawsuit last year against CSX, claiming the rail giant was negligent in not removing the goose from its Keyser Receiving Yard near Ravenswood. Richards was injured April 23, 2005, at the yard when, as he was performing a brake test on a train, the goose startled him and knocked him backward.
On Tuesday before U.S. District Judge Robert C. Chambers, Richards' attorneys argued that CSX knew or should have known the goose was a hazard to its employees. CSX attorneys, meanwhile, said the company had no prior knowledge of the goose.
"Railroaders will tell you that when you're out on the tracks, you encounter wildlife," the CSX attorney said during his opening remarks. "This was an accident that happened without the fault of anyone."
During Tuesday's testimony, Richards' attorney outlined the details of the April 23, 2005, incident and ensuing events.
Richards was the conductor on a train from Huntington to Parkersburg. It stopped at the Keyser railyard to pick up some cars. It was rainy and just past midnight, so the unlit yard was especially dark. As Richards inspected the cars and performed a brake test on them, he heard a hissing noise.
"As I crouched down, it came up toward the side of my face," Richards testified. "It had its wings up. I fell backwards and twisted my ankle on the ties and debris."
After receiving help from his engineer, Richards was transported to Camden Clark Memorial Hospital in Parkersburg. Shortly thereafter, CSX managers Wayne Queen and Robert Henderson arrived at the hospital to visit Richards.
As with any incident, Richards filled out a report. One part of that form that Williams repeatedly noted to jurors was that Richards answered no to the question "Was anyone at fault?" He filled the form out at the hospital just hours after the incident.
The attorney also called CSX conductor Rick Dillon, who testified that he had a similar incident at the Keyser railyard just four days before Richards. Dillon said the goose flew toward him, but he wasn't injured.
On cross examination, Dillon said he talked to his engineer about the goose run-in, but laughed it off. And he said no further report was made, but he did say he would report a potential hazard.
"You didn't think the incident was a big deal?" the attorney asked Dillon. "Right," Dillon replied.
Queen and Henderson also testified about the hospital visit and their inspection later that day of the railyard when they removed the goose and its nest, which included eggs.
Columbus, Ohio, physician Christopher Hyer also testified via videotaped deposition about his treatment of and surgery on Richards.
During closing arguments, Richards' attorney noted that railroad employees aren't covered by workers' compensation and have to come to court to see such compensation under the Federal Employee Liability Act (FELA).
"CSX has a duty to provide a safe place to work," said the attorney. "CSX has a duty to inspect the workplace."
In his closing, the CSX attorney reiterated that CSX didn't know of the goose and potential hazard until Richards' incident.
"What evidence exists showing there was a hazard?" the attorney asked. "None. You have to gauge the case and the railroad's conduct on what information was known beforehand.
"Has the plaintiff fulfilled the burden of proof of negligence?"
Richards was seeking nearly $24,000 in lost wages and other compensatory damages, including past and future pain and medical treatment and impairment of future earning capacity.
(This item was distributed by Legal Newsline July 22, 2009.)
A Goose defending its nest is a formidble foe. Its a big animal that can fly, beat you with its wings, bite you, squirt shit on you, whatever it has to do to keep you away from the nest. That is why there are Sense forms available to fill out. Had the former person taken the time to fill out a sense form, and turn it in, then the company lawyer could not have said "When was the company notified?, The Company knew nothing" Filling out a form at the hospital is also something you shouldn't do without FELA Council. The goose must have been thought to be detrimental to safety as the two CSX Supervisors inspected the yard afterwards and removed the Goose, the nest and the eggs. Hope somebody listens and learns from this lesson.....
