BIRMINGHAM, Ala. — The widow of a Norfolk Southern trainee killed last year when struck by debris in a locomotive cab has sued the railroad, the news site Al.com reports.
Sherita Fields filed suit in Jefferson County Circuit Court earlier this year over the death of Walter James Griffin III, 43. Griffin was killed in a Dec. 13, 2022, accident in Bessemer, Ala., when struck by a piece of metal protruding from a car that pierced the locomotive cab, according to the preliminary accident report from the National Transportation Safety Board [see “Preliminary NTSB report offers details …,” Trains News Wire, Jan. 18, 2023]. Another crew member was seriously injured The Federal Railroad Administration subsequently issued a safety bulletin as a result of the accident, urging railroads to inspect cars before departure [see “FRA issues safety bulletin …,” News Wire, Jan. 6, 2023].
The suit says Griffin, a conductor trainee, was struck in the head. It also names fabricator U.S. Pipe, where the car had been unloaded and serviced prior to the accident, and a U.S Pipe employee, according to Fox Business. WBRC-TV reports a hearing is scheduled for today (March 16) to determine the schedule for the case moving forward.
This protrusion was not a shifted load… it was a section of angle iron reinforcement welded to the top cord of a gon which had been pulled and broken from its position during the unloading process. That is why US Pipe is named in this action.
In the case of accidents why don’t the unions and railroads have agreements in place to treat and compensate effected employees for injuries that occur on the job?
Most states have workers compensation programs that allows for treatment of injured employees irregardless of fault. They allow employers to provide workers compensation either thru a state fund or private insurance.
It greatly reduces litigation and provides care in some really ugly accidents and injuries.
The answer: FELA
Federal Employee Liability Act, which dictates the process of compensation.
Mr. Rausch, what about the point Mr. Shoemaker makes in his last sentence? That doesn’t carry any weight with you?
1) I’m unaware of any rules, bulletins, operating practices or directives to move to the opposite side of the cab when passing equipment on any adjacent track, wholly or in part.
2) Obviously the carrier just can’t make rules to get itself out of all liability. What’s next? What happens when the next time the particular piece penetrates the engineer’s side of the cab? New rule, everyone in the cab must drop to the floor while passing equipment on an adjacent track? Where does the line in the sand stop?
3) Finally, and most importantly, since I already said it. Who cares who is at fault? The man is dead and his wife will never see him again. Go tell his widow, “Oh, I’m sorry, your husband violated a rule by not moving to the opposite side of the cab so you get nothing. Have a nice day.”. Does that not carry any weight with you, Mr Shapp?
How is NS incompetent in this ? If the protrusion was reported and nothing done, then yes. But most railroads have a rule one is to move to the other side of the cab when passing an opposing freight for that very reason.
Toss the suit…
Shifted loads are unfortunately not uncommon. Like a hotbox there are plenty of technological methods to identify shifted loads or car materials protruding. Where are detectors, if any, placed? How difficult is it to have detectors at signal bridges? Let it suffice to say it was preventable and hopefully the widow receives a substantial payment for Norfolk Southern incompetence.
Typical Gerald.
This is a freak accident where maybe no one was at fault or several at fault…who cares. This man died and his wife and family and friends will never see him again. No one is going to even come close to going broke or becoming adversely financially affected by TOSSing the widow 100 million dollars even.
I’ve seen first hand on the job gons with scrap metal and loaded cresting the side so it’s kinda miraculous these accidents are not more common.