Ronald Mock v. Central of Georgia Railroad Company

Federal Employers' Liability Act (FELA) - Ronald Mock was employed by Central of Georgia Railroad
Company ("Central") as a railroad conductor. He sued Central
pursuant to the Federal Employers' Liability Act ("FELA") for
injuries received while employed by Central.

The record shows that on September 27, 1991, Mock attempted
to remove the end-of-train ("EOT") device while the train was
stopped in a joint yard of CSX Transportation and Central. An EOT
consists of a body, an 18" to 24" stem, an air hose, and an air
hose coupling device called a "gladhand." It weighs approximately
35 pounds. According to Mock, the EOT was "stuck" in the car, but
he jarred it loose. Mock removed the EOT, raised it to a certain
height above his head, then let the EOT go with his right hand,
balancing one end with his left hand, while grabbing the air hose
with his right hand. Two other conductors verified that an
individual must balance the EOT with one hand while reaching for
the air hose with the other hand. Footing is important because
the conductor must pivot and turn to the side in performing this
task.

Mock testified that the ground was muddy in the track
area where he had to work. It had rained nearly three inches at
the site two days before Mock was injured, and the track area was
"like a mud pond." It usually stayed muddy and "very slick" for
three or four days after a rain and had been that way since Mock
began work for Central in 1977. Weeds and vegetation in an
adjacent ditch next to the railroad tracks partially plugged the
culvert. The two railroads
who jointly used the yard argued about who should maintain it and how
much should be spent on maintenance, so "very little got done". Requests
by train employees for drainage rocks went unheeded.

As Mock attempted the balancing maneuver, he lost his
footing. He held onto the EOT in an effort to keep from damaging
the device and, in so doing, he injured his left shoulder. The
railroad brakeman helped Mock put his shoulder back into its
socket, and Mock finished the trip. Mock reported his injury to
the radio dispatcher and, when he arrived at his destination,
informed his supervisor that he had hurt his shoulder. He also
spoke to a claims agent the day he left the hospital, while on
medication, and informed the agent he was having problems
remembering what happened. Mock first mentioned the mud and his
loss of footing during a pre-trial deposition.

Plaintiff's verdict for an unknown amount.

Unknown

Unknown

Affirmed by the Georgia Court of Appeals. See: 499 S.E.2d 673, 231 Ga. App. 586 (1998). The above date reflects the appellate court decision date, not the original trial date. Reported by kkm.