PITTSBURGH — The engineer and conductor of a Norfolk Southern train derailed by a rockslide last year are suing the railroad, arguing the railroad’s negligence led to the accident.
The Pittsburgh Tribune-Review reports engineer Matthew Marchionda and conductor Edward Mansfield were the crew of the train en route from Chicago to New Jersey when it struck the slide in the Pittsburgh suburb of Baldwin, Pa., about 4:05 a.m. on Dec. 12, 2021, derailing two locomotives and five cars. The train was going about 40 mph. One of the locomotives involved was the Southern Railway heritage unit, ES44AC No. 8099 [see “NS derailment damages Southern Railway heritage unit,” Trains News Wire, Dec. 13, 2021].
The suit says Mansfield suffered a head injury, concussion, other injuries, and post-traumatic stress disorder. Marchionda suffered a head injury, concussion, internal, and spinal injuries. It argues that the rockslide resulted from factors including the railroad’s failure to properly inspect the track or install protective fencing and its failure to instruct crews to operate at a reduced speed because of dangerous conditions.
FELA suit folks, and the burden of proof is on the injured employees. FELA is why I always refused to work in the US during my active career in railroading.
The entire Pittsburgh area is a land of instability. NS should be especially aware of this after the incident near Station Square bringing a train down onto the light rail station. Is this the same line? And awhile back at a Walmart construction site not far from Conway the entire hillside came down. Riding my bicycle around various neighborhoods one begins to wonder how some houses are still on their foundations.
Added to the incident at Station Square, there have been numerous rockslides in that vicinity with the most serious being in about 2013-2014 when the entire hillside came down on the tracks near the Duquesne Incline. The top of the slide was right beneath one of the restaurants on Mt Washington. The scar from this one can easily be seen from the Ft Pit bridge. These landlsides primarily affect the Mon Line, with the Pittsburgh and Conemaugh Lines relatively unscathed. These are known problem areas with a history of instability going back decades.
Greg: Very, very pertinent information (although not listed in the news article).
Added to the “shame on you” comments above, the recent Mendon Crash could have been prevented IMHO. Rockslides, obstructed views at grade crossings need to be observed, recorded, fixed. SIMPLY have a two man crew ride the rail, say w/track inspection. Driver as safety, second man is making note of the issue: OBSTRUCTED view on approach to grade crossings. As noted, MOW crews follows up w/chainsaws to erase visual obstructions. endmrw0812221243
EDITOR: This article shout be corrected. Under federal law, railroad and maritime workers are not covered by workman’s compensation. If one is seriously injured or disabled on the job, you must sue the company for compensation.
Right, specifically FELA, or Federal Employers Liability Act, covers railway workers.
The area where this derailment occurred is notorious for landslides. After NS has a similar derailment there in the early 2000s, it seems incredible that they did not install slide fences or move the tracks away from the cliffs. This is a two track line on a right of way at least 4 tracks wide, so there is plenty of space to move them over toward the river and mitigate the problem. They got lucky with the 2001 derailment: the rockslide came down in the middle of the train. This time they weren’t so lucky.
These incidents of debri on tracks may be a wake up call for RRs to install more slide fencing. A fresh look at potential locations is neeeded. BNSF has done a lor especially at Seattle. But the Vermonter incident shows it can happen anywhere.