Transportation Group’s Brian Mancos wins ballast preclusion argument for Major Railroad Client

May 3, 2010 | News

April 23, 2010 – Brian Mancos was successful in obtaining an order granting summary judgment in favor of a major railroad client in the U.S. District Court for the Eastern District of Pennsylvania precluding the Plaintiff from arguing that the nature and size of ballast stone used by the railroad caused or contributed to his alleged injuries. This order marks the first time a Court outside of the Sixth Circuit of the United States has adopted the holding of the Court in Nickels v. Grand Trunk W. R.R., 560 F.3d 426 (6th Cir. 2009), establishing that plaintiff’s ballast argument is precluded by Federal Law. The Plaintiff, a 62-year-old former railroad worker, sued the defendant under the Federal Employers’ Liability Act (FELA) demanding damages for bilateral knee injuries. Through his Motion, Mr. Mancos was also successful in eliminating Plaintiff’s left knee injury claim based on the running of the FELA statute of limitations.