Posted by Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. in News
Aug 1 2024
On August 1, 2024, the U.S. Court of Appeals for the Second Circuit affirmed a New York jury’s March 2023 verdict of $11.6 million for former locomotive engineer Scott Lupia. Garrison Law partner Steve Fitzgerald represented Mr. Lupia at trial and argued the case on appeal; Garrison Law partner Josh Goodbaum participated in drafting the appellate brief.
The jury concluded that New Jersey Transit (NJT) violated Mr. Lupia’s rights under the Federal Employers’ Liability Act (FELA) by requiring him to continue working in a locomotive cab with a malfunctioning air conditioning unit. The cab reached a temperature of 114 degrees, causing Mr. Lupia to collapse and suffer head and neck injuries that resulted in a permanent disability. The jury awarded him $4.1 million for lost earnings and $7.5 million for pain and suffering. Although the jury found Mr. Lupia contributorily negligent, NJT’s liability under the Locomotive Inspection Act (LIA) meant that NJT was required to pay Mr. Lupia his full measure of damages.
NJT appealed the trial court’s interpretation of the LIA. The three-judge panel rejected that appeal, writing that, “If a carrier bases its temperature control system on an A/C unit, then the LIA requires that the carrier maintain that A/C unit in proper condition and safe to operate without danger of personal injury…. Once NJT chose to base its temperature control system on an A/C unit, the A/C unit became one of the essential parts and appurtenances of the locomotive. NJT was thus obligated to maintain [it].”
Said Steve Fitzgerald: “We are pleased with the Second Circuit’s application of the Locomotive Inspection Act to the facts of this case and are pleased that Mr. Lupia will be compensated for his life-altering injuries in the amount the jury deemed appropriate. Mr. Lupia and his family will hopefully find some consolation in this just outcome.”
You can read the Second Circuit’s full decision here and read more news about the case here (subscription required).
Posted by Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. in News
Tagged Joshua Goodbaum, Stephen J. Fitzgerald
