Largest Wrongful Death Verdict in Connecticut History

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Cahill & Perry, P.C. recently won the largest wrongful death verdict in the history of Connecticut: just under $11 million dollars for the death of a Metro-North flagman.

Metro-North conductor flagman James Avery was killed at 1:30 am on July 18, 1997, while flagging for the employees of contractor Mass Electric west of Stamford Station. Cahill & Perry, P.C. sued both Metro-North and Mass Electric, claiming their negligence and recklessness caused Avery’s death.

Avery was struck by a Metro-North work train moving west on Track 2 after the Mass Electric workers engaged in a confrontation and skirmish with him over his orders that they stop pressing their bucket truck against the catenary wires. Despite their inability to call Jim Avery as a witness, George Cahill and Scott Perry nevertheless succeeded in proving at trial that Avery was struck by the locomotive while he was down on Track 2 as a result of Mass Electric’s recklessly negligent physical altercation with him.

The verdict is a complete vindication of Jim Avery, because the jury totally rejected Mass Electric’s argument that Jim was daydreaming while standing up on a live mainline track. The jury awarded a total of over $10.8 million dollars in damages for Avery’s lost earnings, the destruction of his capacity to enjoy life, his death by being run over by a locomotive, and punitive damages.

Jim Avery’s 11-year-old daughter Corey is the beneficiary of the judgment. In the words of Jim’s father Robert Avery, “There’s no amount of money that can make up for Jimmy’s life. But the verdict helps explain his death and assures that his daughter will be taken care of the way Jimmy would want it.” Cahill & Perry, P.C. is proud to have won a historic verdict that vindicates Jimmy while ensuring that the daughter he loved so much will have every advantage life can offer.

  • $10.8 Million Verdict for a Metro-North Conductor wrongful death case. (Avery v. Metro-North RR).
  • $8 Million settlement for an Amtrak Trackman who sustained a crushed leg. (Cevasco v. National Railroad Passenger Corp.).
  • $7 Million settlement for a Metro-North Foreman whose legs were amputated. (Renert v. Metro-North RR).
  • $5.8 Million settlement for an Amtrak Conductor who sustained a head injury. (Fitzpatrick v. National Railroad Passenger Corp.).
  • $5.5 Million settlement for a Metro-North Machinist wrongful death case. (Pieger v. Metro-North RR).
  • $4.3 Million Verdict for a Metro-North Conductor wrongful death case. (Ard v. Metro-North RR)
  • $2.57 Million Verdict for an Amtrak Conductor who sustained a back injury. (Pace v. National Railroad Passenger Corp.).
  • $2.5 Million Settlement for a Metro-North employee who sustained a serious head injury.
  • Settled for a Confidential Sum for a Massachusetts Bay Commuter Railroad Company Trackman wrongful death case. (Macaulay v. Massachusetts Bay Commuter Railroad Company.)
  • $6.250 Million Verdict in 2023 which was later reduced to $2.1 Million for a Metro-North Structural Welder/Ironworker who sustained head and neck injuries and has returned to work. (Torres v. Metro-North RR).
  • $2 Million Verdict for a Metro-North Lineman who sustained an electrical burn (Curly v. Metro-North RR).
  • $2 Million Settlement in 2020 for a Providence & Worcester Railroad Company Conductor who sustained a serious head injury and returned to work for another RR as an Engineer. (Scarpa v. Providence & Worcester Railroad Company.)
  • $2 Million Settlement for a Metro-North Conductor who sustained a fractured leg.
    Settled for a Confidential Sum in 2019 an Amtrak Lineman involving an electrocution causing a permanent occupational disability. (Anderson v. National Railroad Passenger Corp.).
  • $1.85 Million Verdict for an Amtrak Ticket Agent who was assaulted. (Schneider v. National Railroad Passenger Corp.)
  • Compensatory and punitive damages Verdicts and subsequently settled for $1.8 Million in 2023 for a Metro-North
  • Conductor who suffered Post-Traumatic Stress Disorder. (Moran v. Metropolitan Transportation Authority).
  • $1.69 Million Settlement for an Amtrak Supervisor who was shot by an employee. (Cornelius v. National Railroad Passenger Corp.)
  • $1.65 Million Verdict for a Metro-North Lineman who sustained foot and ankle injuries. (Keating v. Metro-North RR).
  • $1.65 Million Verdict for a Metro-North TA Employee who sustained an Open Tibia Fracture to his left leg. (Rivera v. Metro-North RR).
  • $1.54 Million Verdict for an Amtrak General Foreman who sustained a herniated disc in his lower back. (Brady v. National Railroad Passenger Corporation).
  • $1.45 Million Verdict for a Construction Worker who sustained a left hip injury. (Quintiliani v. National Railroad Passenger Corporation).
  • $1.42 Million Verdict for a Metro-North Machinist who sustained a fractured rib and a herniated disc. (Hall v. Metro-North RR).
  • $1.4 Million Verdict for a Metro-North Mechanical Gang Foreman who sustained burns from an explosion of steam on an engine. (Berry v. Metro-North RR).
  • $1.4 Million Verdict for a Metro-North Carpenter Foreman who sustained a back injury. (Kendall v. Metro-North RR).
  • $1.3 Million Verdict for a Metro-North Signal Trainee Maintainer who sustained a back injury from a slip and fall. (Moran v. Metro-North RR).
  • $1.2 Million Verdict for a Metro-North Signal Maintainer who sustained a back injury and post-concussion syndrome. (Manes v. Metro-North RR).
  • $1.2 Million Verdict for a Metro-North Trackman who sustained crushed legs. (Murillo v. Metro-North RR).
  • $1 Million Settlement for a Metro-North Trackman who sustained burns from pot welding and subsequently returned to work. (Burke v. Metro-North RR).

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