MOTOR VEHICLE NEGLIGENCE. Auto/Bus Collision. $______ VERDICT

• Pages: 15-16

to announce his arrival, but attempted to just walk in

the house when he was not expected by the

defendant.

The jury found no negligence on the part of the

defendant.

REFERENCE

James Fowler Jr. vs. Gretchen Zavarella. Case no.

GD-12-017130; Judge Alan Hertzberg, 06-02-14.

Attorney for plaintiff: John W. Brown in Pittsburgh,

PA. Attorney for defendant: Kathleen McAllister in

Pittsburgh, PA.

F.E.L.A.

DEFENDANT’S VERDICT

F.E.L.A – Plaintiff injured during training exercise

required by the defendant railroad company –

Negligently exposing the plaintiff to a physical

training exercise that was dangerous – Right

rotator cuff tear – Surgery required.

Philadelphia County, PA

In this Federal Employers Liability Act action, the

plaintiff maintained that he suffered a serious

injury to his right shoulder requiring surgery,

when he was participating in a mandatory

training exercise required of the defendant

railroad. The plaintiff sued the railroad, including

the company that ran the training, alleging

negligence. The defendants denied all liability,

and argued that the plaintiff assumed the risk of

his actions.

On October 19, 2012, the 53 year-old male plaintiff,

who is a police officer with the defendant railroad

company, was engaged in a training exercise with

another police officer. The exercise was a require-

ment of his ongoing training with the railroad com-

pany, and the training session was being run by the

defendant, Controlled F.O.R.C.E. The exercise re-

quired the plaintiff and his partner to sit back to back

and be able to get to a standing position without us-

ing their hands or arms. As the plaintiff and his partner

were pushing up, the plaintiff slipped from his partner

and fell to the ground, sustaining injury. The plaintiff

maintained that both defendants were negligent in

exposing the plaintiff to a physical training exercise

that was dangerous, given the plaintiff’sageand

condition, and failing to provide a proper training en-

vironment for the activities required. As a result, the

plaintiff suffered a right rotator cuff tear which re-

quired surgery. The plaintiff is no longer able to per-

form the duties of his job. The defendants denied all

allegations of liability, and argued that the plaintiff

assumed the risk.

The jury found no negligence on the part of either

defendant.

REFERENCE

Edward Ecker vs. National Railroad Passenger Corpo-

ration aka Amtrak, Controlled F.O.R.C.E. Case no.

130101226; Judge Alice Dubow, 05-05-14.

Attorney for plaintiff: Jerry Martillotti of Jerry

Martillotti & Associates in Philadelphia, PA. Attorney

for defendant: Charles McNabb of Law Offices of

Thomas J. Wagner, LLC in Philadelphia, PA. Attorney

for defendant: Joseph Santarone of

Marshall,Dennehey,Warner,Coleman & Googin in

Philadelphia, PA.

MOTOR VEHICLE NEGLIGENCE

Auto/Bus Collision

$2,025 VERDICT

Motor Vehicle Negligence – Bus Negligence –

Bus pulls up alongside the plaintiff’s stopped

vehicle and sideswipes plaintiff’s vehicle – Failure

to properly operate and control bus – Cervical

sprain.

Philadelphia County, PA

In this vehicular negligence action, the plaintiff

maintained that the defendant bus operator

negligently pulled up next to the plaintiff at an

intersection and sideswiped the plaintiff’s car. The

plaintiff maintained that the defendant

transportation company was vicariously liable for

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