The plaintiff, a 50 year old lead ticket agent, was injured when the chair in which she was sitting at Amtrak’s Newark Penn station collapsed beneath her, causing her to fall to the floor. She injured her neck, back and left shoulder and underwent lumbar laminectomy/spinal fusion at L5-S1, as well as arthroscopic shoulder surgery. When the plaintiff attempted to return to her job as a ticket clerk, she was unable to perform her duties. The railroad admitted liability, but disputed the severity and causation of plaintiff’s injuries. The railroad also claimed the plaintiff had failed to mitigate her damages by not having recommended medical treatment. The case was settled on the eve of trial for $850,000.
Kamaal D. Clarke v. National Railroad Passenger Corporation, Essex County Superior Court, New Jersey, ESX-L-2651-06.
Paul G. Moody and Willard J. Moody, Sr. of MOODY, STROPLE, KLOEPPEL & HIGGINBOTHAM, Portsmouth, VA for plaintiff.
