Cahill & Perry, P.C. Obtains $6.25 Million Dollar Verdict Against Metro North Railroad

Cahill & Perry, P.C. obtained a $6.25 million dollar verdict against Metro North Railroad on April 25, 2023 for an injured Metro North welder.

A nine hundred pound section of a steel walkway fell off the bed of a boom truck and struck the plaintiff on the back of his head and neck.  Metro North admitted negligence, but disputed the severity of the impact, the extent of plaintiff’s injuries, and value of his claimed damages.  The plaintiff suffered a mild traumatic brain injury consisting of a concussion and post-concussion syndrome, and suffered three herniated discs in his neck with chronic pain and permanent limitations with the range of motion in his neck.  The plaintiff underwent fifty-four sessions of physical therapy and an epidural injection in his neck while he was out of work.  He returned to work in a limited activity capacity six months after the incident and received ongoing job accommodations by his supervisor so he could continue working. From 2019 to 2020 while continuing to work, he underwent four different sets of trigger point injections around his neck.  The first two sets provided relief for a few months, and the second two sets only provide pain relief for a few weeks.  The plaintiff suffers from chronic pain in his neck and permanent limitations in the range of motion of his neck, and ongoing headaches from his mild traumatic brain injury.

        The jury awarded the plaintiff $250,000 in past lost wages, $1 million in past pain and suffering (five years from date of the incident to the trial), and $5 million for future pain and suffering (he had a 20 year life expectancy). Metro North’s highest offer before trial was a just a few hundred thousand dollars.