Sala v. National Railroad Passenger Corporatio

721 F.Supp. 80 (E.D. Pa. 1989)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

The underlying litigation arose from a collision between an Amtrak train and a 17-ton piece of track equipment. Upon impact, the train’s engines and cars derailed and injured about 40-50 passengers. No one was killed. Most of the passengers sustained soft tissue injuries such as bruises, strains, and stiffness. One lost several teeth, and twenty-one received medical attention and eleven missed work. Ps reported either temporary or enduring emotional injury and various degrees of pain and suffering. The most common malady was the fear of travel, which hampered a few class members from properly fulfilling job responsibilities. Sala (P) filed her complaint on behalf of herself and all other passengers injured in the accident. P sought compensatory and punitive damages for negligence and willful misconduct. Class certification was granted under 23(a) and (b)(3). D filed a motion for partial summary judgment to get rid of the punitive claims, and the court denied that motion. On the last day before trial, the parties agreed to a settlement, which the court later approved. Ps’ attorneys then filed for attorney’s fees. The settlement was for $1.79 million.