In 2004, Phillip Waisonovitz accidentally killed his co-worker, Robert Ard, by backing over him with a train. Ard’s family sued, claiming negligent supervision, and just won $4.3 million from the employer, Metro-North Railroad. So that settles that, right? Close, but not quite. As the Associated Press explains:
Phillip Waisonovitz, the engineer who backed up the engine, became distraught after learning it had struck Ard.
(I’ll wager Ard wasn’t thrilled, either!)
He has been out of work on disability since then with a diagnosis of post-traumatic stress disorder.
Waisonovitz has filed suit against the railroad company and Ard’s estate. That case is pending.
In case you think you misread that, I’ll explain it again: Waisonovitz killed Ard, and is suing Ard for the mental anguish Ard’s death caused him. The nerve of Ard!
In case you were wondering, workers comp laws generally don’t apply to railroads.
[CORRECTION: As can be seen in the comments, there’s an important correction to this story. The media report I relied upon got the story wrong; Waisonovitz did not sue Ard. Waisonovitz only sued Metro-North; it was the railroad that brought Ard into the case.
This hardly makes Mr. Waisonovitz a poster child for personal responsibility; his lawsuit still boils down to him suing the railroad because he feels bad that he ran someone over. But he isn’t suing the direct victim.]
4 Comments
Can I be the first to nominate this case(s) to the Overlawyered Hall of Fame?
This just might be the ultimate example of “blame the victim.”
–Mike Perry, Seattle
Philip Waisonovitz is not suing the estate of Ard though Metro North says he should. He is suing the railroad under FELA – if you knew the law you would know that workers comp does not apply to any railroad. His claim is only as to Metro North for their negligence. Maybe you should get your facts straight before you make slanderous claims. Mr. Waisonovitz’s case is filed in Connecticut District Court with a docket number 3:05cv01928. The file is open to the public so feel free to read the pleadings and the judge’s orders.
Serves me right for relying on the media. A review of the docket shows that, in fact, it was Metro-North, not Waisonovitz, who brought Ard into the case.
I have appended a correction to the post.