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Railroad engineering expert, Augustine F. Ubaldi, P.E., was retained to determine if the railroad’s actions or omissions created an unreasonably dangerous condition that was the cause of the plaintiff's injury. Report available for download.

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During inclement winter weather, a railroad employee was struck in the face while operating a manual turnout switch machine lever. The employee claimed that the railroad’s actions or omissions created an unreasonably dangerous condition that was the cause of the injury. The railroad alleged that improper action by the employee was the cause.

We showed that the alleged improper actions of the employee could not have caused the lever to strike the employee as it did, and that the railroad’s allegation was not supported by any evidence. We determined that the railroad’s failure to properly maintain the switch machine and its attachments during the inclement weather created an unreasonably dangerous condition that was a cause of the employee’s injury and that the railroad’s failure to provide adequate warnings and training with regard to a stored energy hazard deprived the employee of the information needed to do the job safely.

 

Featured Expert

Augustine F. Ubaldi, P.E.

Augustine “Gus” Ubaldi, P.E. has 19 years of railroad and transit engineering experience. Gus oversaw project administration for Class I and Class III railroads and major transit systems in a variety of railroad engineering positions including engineering director for the Greater Cleveland Regional Transit Authority, consulting engineering, and track supervisor for Penn Central. Gus designed and engineered track structure, station and bridge repairs, and yard track improvements. He also conducted track inspections and performed maintenance. Gus is a licensed professional engineer in nine states and the District of Columbia.