Hardy V. Norfolk Southern Railway Company

Case Background

On October 10, 2024, Glenford Hardy, a 43-year-old freight conductor, filed a FELA lawsuit against Norfolk Southern Railway Company (NSRC). Hardy alleged that while he was seated in a train at the Elkhart yard, another train operated by remote control collided with his. According to the lawsuit, the remote-controlled train was traveling at an unsafe speed in a restricted area, leading to the crash. The negligence case was filed in the United States District Court, Indiana Northern (South Bend). Judge Cristal C. Brisco presided over this case. [Case number: 3:21cv800]

Cause

At the time, NSRC operated as a common carrier, facilitating interstate commerce across the United States, including the Northern District of Indiana. Hardy’s role as a freight conductor for NSRC involved duties directly supporting interstate commerce. On January 4, 2021, Hardy worked as a freight conductor in NSRC’s Elkhart Yard. While following instructions to stop on a “runner track” and wait for further directions, another train collided head-on with his stationary locomotive. At the time of the collision, Hardy was performing his job duties to advance NSRC’s business interests. Under FELA, NSRC was obligated to provide Hardy with a reasonably safe workplace. This duty also required compliance with federal safety regulations, including those in 49 C.F.R. Section 218-220. Hardy’s lawsuit alleges that NSRC failed to fulfill these legal responsibilities, resulting in the unsafe conditions that caused his injuries.

Injuries

The accident caused Glenford Hardy to suffer serious injuries to his back, neck, shoulder, and head. Following the incident, he received treatment for radiating pain in his lower back (L5-S1) and a shoulder injury. These injuries resulted in permanent disability, significantly impacting his quality of life. Hardy endured severe pain and suffering, along with long-term physical limitations, as a result of the accident.

Damages