|Defense Verdict in Railroad/FELA Case|
BKT&C's railroad client faced claims brought under the Federal Employer's Liability Act by an engineer who sought compensation for physical injury and emotional distress that allegedly occurred when the train she was operating struck and killed another employee. The railroad admitted the imputed negligence of the deceased employee, and was statutorily barred from presenting a contributory negligence defense. Despite these hurdles, Joseph Crociata and Andrew Marcus conducted a defense over five days at trial that attacked the credibility of the engineer on the physical injury claim, and proved that she was not in the "zone of danger," a precondition to any entitlement to recover on the emotional damage claim. The jury accepted both arguments advanced by BKT&C and returned a verdict for the defense, specifically finding that the negligence of the railroad was not the cause of any physical injury to the Plaintiff and that she was not in a "zone of danger." No appeal has been filed.