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Jury awards $4.3 million to estate of Metro-North worker
March 10, 2007
BRIDGEPORT, Conn. --A federal jury has awarded more than $4.3 million to the estate of a Metro-North Railroad worker who died when an engine ran over him in the Stamford rail yard three years ago.
Robert Ard Jr., 46, of Fairfield was crushed during a car-switching operation on March 10, 2004. The co-worker who backed up the engine said Ard informed him by radio that he could make the move, although no other Metro-North employee heard that transmission.
A jury in U.S. District Court in Bridgeport awarded $4,344,053 to Ard's estate in a decision late Thursday.
The jury determined that Metro-North and its managers failed to properly supervise the yard crews and enforce safety rules, said Charles C. Goetsch, the attorney who represented Ard's estate along with George J. Cahill Jr.
Nancy Ledy-Gurren, a New York City lawyer who represented Metro-North, could not be reached for comment Friday or early Saturday. Information was not available about whether the railroad company planned to appeal the verdict.
Testimony presented during the trial showed that Ard, who had two daughters, was killed as third-shift workers were lining up trains for the morning commuter run to Manhattan's Grand Central terminal.
Ard, a 28-year veteran assistant conductor, was part of a three-man yard crew. However, the conductor left the crew to work on another move while the engineer backed up the train that struck Ard, according to the testimony.
His body was discovered near the track after co-workers lost radio contact with him.
Phillip Waisonovitz, the engineer who backed up the engine, became distraught after learning it had struck Ard. He has been out of work on disability since then with a diagnosis of post-traumatic stress disorder.
Waisonovitz has filed suit against the railroad company and Ard's estate. That case is pending.
So the guy kills a co-worker. then gets distraught over it so he sues? ok i understand the railroad company BUT why sue the estate of the dead guy? WTF did he do?
Jury awards $4.3 million to estate of Metro-North worker
March 10, 2007
BRIDGEPORT, Conn. --A federal jury has awarded more than $4.3 million to the estate of a Metro-North Railroad worker who died when an engine ran over him in the Stamford rail yard three years ago.
Robert Ard Jr., 46, of Fairfield was crushed during a car-switching operation on March 10, 2004. The co-worker who backed up the engine said Ard informed him by radio that he could make the move, although no other Metro-North employee heard that transmission.
A jury in U.S. District Court in Bridgeport awarded $4,344,053 to Ard's estate in a decision late Thursday.
The jury determined that Metro-North and its managers failed to properly supervise the yard crews and enforce safety rules, said Charles C. Goetsch, the attorney who represented Ard's estate along with George J. Cahill Jr.
Nancy Ledy-Gurren, a New York City lawyer who represented Metro-North, could not be reached for comment Friday or early Saturday. Information was not available about whether the railroad company planned to appeal the verdict.
Testimony presented during the trial showed that Ard, who had two daughters, was killed as third-shift workers were lining up trains for the morning commuter run to Manhattan's Grand Central terminal.
Ard, a 28-year veteran assistant conductor, was part of a three-man yard crew. However, the conductor left the crew to work on another move while the engineer backed up the train that struck Ard, according to the testimony.
His body was discovered near the track after co-workers lost radio contact with him.
Phillip Waisonovitz, the engineer who backed up the engine, became distraught after learning it had struck Ard. He has been out of work on disability since then with a diagnosis of post-traumatic stress disorder.
Waisonovitz has filed suit against the railroad company and Ard's estate. That case is pending.
So the guy kills a co-worker. then gets distraught over it so he sues? ok i understand the railroad company BUT why sue the estate of the dead guy? WTF did he do?
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