Date: 04-11-2023

Case Style:

Richard Peterka v. Delaware and Hudson Railway Company, Inc., et al.

Case Number: 1:22-cv-00548-

Judge: Glenn T. Suddaby

Court: United States District Court for the Northern District of New York (Onondaga County)

Plaintiff's Attorney:

Defendant's Attorney: Scott A. Barbour for Delaware and Hudson Railway Company, Inc.

Joseph T. Perkins for Finch Paper LLC

Description: Syracuse, New York personal injury lawyer represented Plaintiff, who sued Defendant on a Federal Employer's Liability Act theory.

"The Federal Employers' Liability Act (FELA) is a United States federal law that protects and compensates railroaders injured on the job. It was passed in 1908 in response to the high number of railroad accidents and deaths at the time. FELA allows railroad workers who are not covered by regular workers' compensation laws to sue companies over their injury claims. FELA allows monetary payouts for pain and suffering, decided by juries based on comparative negligence rather than pursuant to a pre-determined benefits schedule under workers' compensation.

To be eligible for FELA benefits, an injured railroad worker must prove that they were injured in the course of their employment and that the injury was caused by the negligence of their employer. The railroad worker must also prove that they were not contributorily negligent in causing their own injury.

FELA benefits can include medical expenses, lost wages, pain and suffering, and death benefits for the families of workers who are killed on the job. The amount of benefits that a railroad worker is entitled to depends on the severity of their injuries and the circumstances of their accident.

FELA is a complex law, and there are many factors that can affect a railroad worker's eligibility for benefits. If you have been injured on the job, it is important to speak with an experienced attorney to discuss your legal options.

Here are some of the key provisions of FELA:

Railroad employers are liable for injuries to their employees that are caused by the employer's negligence.
Employees are not barred from recovering damages for their injuries if they were also partly at fault for the accident.
Employees can recover damages for pain and suffering, as well as lost wages and medical expenses.
The families of employees who are killed on the job can also recover damages.

FELA is a valuable resource for railroad workers who have been injured on the job. If you have been injured, you should speak with an experienced attorney to discuss your legal options." Google Bard

Outcome: Based upon the 29 Stipulation of Discontinuance with prejudice, on the merits, and without costs to either party as against the other, the Clerk is directed to CLOSE this action. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 4/11/2023. (sal ) (Entered: 04/11/2023)

Plaintiff's Experts:

Defendant's Experts:

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