NEWARK, N.J. - Thomas Comes, a New Jersey Transit employee who works as a conductor, has been awarded $500,000 in his lawsuit against NJ Transit Operations Inc., according to www.lawyersandsettlements.com.
(Comes is a member of Local 60, Newark, N.J.)
Comes alleges that he suffered brain damage after being exposed to toxic fumes while conducting a night-time Bergin Line run.
Apparently, he discovered flames, evacuated the passengers then consulted with the train master but continued with the two-hour run.
Comes claims that during that time he was exposed to the fumes which caused anoxia which in turn led to brain damage.
He alleges that he was not able to leave the train because the train master didn't order him to, and he didn't have the authority himself to return to the yard.
The jury had awarded $749,000 in future wage loss damages and $251,000 in past medical bills, but found both parties 50 percent negligent, so the award was reduced to $500,000.
(This item was posted on www.lawyersandsettlements.com Dec. 15, 2009. Additional information added by UTU editors.)
