IICA Information Shortcuts
File_16x16 Overview User2_16x16 Officers  Agreement Edit_16x16 Signatories Support1_16x16 Arbitrators Folder Cases


ARBITRATION DECISION

Odis T. Ireland v. Union Pacific Railroad Company, Southern Pacific Transportation Company, Burlington Northern, Inc., Penn-Central Transportation Company, Pullman, Inc. and Westvaco Corp

This suit was brought about by injuries received by Otis T. Ireland on October 17, 1974, when he opened the door on boxcar UP 490794 and the door fell striking Mr. Ireland. He did not receive the full weight of the door as it was partially blocked by some wooden pallets on the dock.

Mr. Ireland was admitted to the hospital with diagnosis of:

  1. Compound fracture of the nose
  2. Skull fracture
  3. Sinus fracture
  4. Five fractured ribs on left side
  5. Cerebral concussion
  6. Nerve Palsy

Two years after the accident, Mr. Ireland still complained of periods of anxiety and depression.

Settlement was made by S. P. Company with Mr. Ireland for $180,000.00 and $10,000.00 to worker's Compensation carrier. Contributions totaling $12,500.00 were received from codefendants, Westvaco and Pullman-Standard. This resulted in the sum of $177,500.00 payable by the carriers. In addition to this amount, the S.P. incurred additional costs of $309.68 for copies of medical fees and court costs. The total cost to the S.P.; therefore, was $183,507.26. Of this mount, the S.P., as possessing carrier, agreed to accept $2,500.00 and made a demand upon Conrail (Penn Central) for the difference of $181,007.26. In making this demand, the S.P. cited Rules 12, 13, 14(a) and 16(a) of the Intra Industry Claims Agreement.

Conrail (Penn Central) rejected the proposed distribution and felt amount in dispute should be distributed under Rule 17 of the Agreement. The case was then placed in arbitration by southern Pacific Trans. Co.

In reviewing movement record of UP 490794, I find it was loaded by Westvaco at Altoona, PA, September 27-30, 1974, and destined Los Angeles, California. After loading was completed, shipper called Penn Central for inspection. Car Foreman Hoover ok's the load and assists in closing the door, applying seals PCKA 38211 to right side and PCKA 38212 TO LEFT SIDE. No exceptions taken to any part of the car until it arrives Chicago when no doubt 'a door' was found open as report indicates 'unable to get door closed.' UP 490794 was evidently shopped at Chicago and one record indicates right door was repaired without removal from car or breaking of seal. AAR billing records, however, indicate repairs made to left door.

No further exceptions taken to UP 490794 until it was placed at Williams Transportation. Mr. Tulija, warehouse manager for Williams, noted no seal on left door, but it was secured by heavy wire. Mr. Ireland evidently cut this wire and when he attempted to open door, it fell on him. After the accident, seal number KAL 38212 was found inside the car and seal KAL 38211 was still intact on right door.

Sequence of events afterwards are very interesting as to involvement of OSHA, removal of upper arms of fallen door, involvement of D.O.T. and actions of plaintiff's attorney. I do not feel, however, that these events would have any bearing or liability for the accident.

It is my opinion that despite Penn Central's contention that repairs were made at Chicago without breaking the seal and removing the door from UP 490794 that company (Penn Central) is the only carrier with any record of car being in difficulty, the amount of $181,007.26 is properly charged Penn Central (Conrail) and the amount of $2,500.00 to be assumed by Southern Pacific Company under Rule 14 of the Intra Industry Claims Agreement.

W. V. Franck, Jr.
Chief Claim Agent
RF&P Railroad Company
October 31, 1978