By Rick Shapiro, FELA Lawyer

When you do the right thing for your employer, you expect your employer to have your back. This was not the case for Robert Conley. He was a brakeman for Union Pacific Railroad and noticed an engine fire near a locomotive. Mr. Conley could have simply let the fire continue to blaze, but he didn’t; he took action and stopped the fire by using two fire extinguishers. What was his reward for this brave act? Chemically-induced asthma and sinusitis and a railroad employer refusing to accept responsibility for fair compensation.

It took one encounter with toxic gases and  diesel fumes to develop such terrible, debilitating ailments. In fact, Mr. Conley was declared permanently disabled and could not return to his job with Union Pacific.

Mr. Conley filed a lawsuit against Union Pacific under the Federal Employer’s Liability Act for violating provisions in the Federal Locomotive Inspection Act. Specifically, the suit alleged that Union Pacific failed to properly maintain the locomotive so the hazardous exhaust fumes would not adversely affect brakeman and workers.

Given Mr. Conley’s actions in preventing the engine fire from becoming far worse, you’d think the railroad would be willing to work with Mr. Conley and ensure he is properly compensated, right? Wrong. The railroad did not make a reasonable settlement and took the case all the way to trial.

Fortunately, a jury recognized that the railroad was liable and Mr. Conley’s life was adversely affected because of his exposure to toxic fumes. The jury awarded Mr. Conley $1.28 million.

I’m glad the jury ruled in favor of  Mr. Conley. Our firm has handled FELA cases involving clients struggling with diseases from toxic fumes and our clients sometimes get discouraged when the railroad utilizes delay tactics and force a case all the way to trial. But it is jury verdicts like this which are proof that a jury trial can lead to a very positive outcome.   I also note that our firm currently is working on  a somewhat similar case where a locomotive engineer was engaging in his inspection duties when a locomotive engine battery literally exploded sending toxic sulfuric acid and battery electrolyte fumes spewing into the air around him on the engine platform.  Although the engine was removed from active service for replacement of the multi-ton huge battery, the engineer did not suffer big medical effects until weeks had passed.  His doctors eventually made the connection and the case is in suit at this time, based on chemical inhalation/reactive airways disease syndrome (RADS).  An over-exposure to any toxic fume can result in “hypersensitivity” in many cases, making further exposure to even small amounts of fumes very problematic for sufferers. 

About the Editors: Shapiro, Cooper Lewis & Appleton is an injury law firm with a long history of representing hundreds of railroad workers in FELA/ railroad injury cases. Check out our railroad injury case results to see for yourself. Our offices are in Virginia Beach, Virginia (VA) and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, SC, WV, KY, FL and DC and have handled railroad injury and FELA cases throughout the eastern U.S.  We would like to send you one of our FREE reports about railroad injury and FELA cases, including Do’s and Don’ts When Injured at a Railroad – The Railroad Worker’s FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042 before giving any statement or talking to a railroad claims agent. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly moderate the Yardlimits Railroad Community Forum and donate to the Fallen Brother Fund.