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Families of Electrocuted Workers Receive $10 Million

December 20, 2004

In pre-trial mediation conferences, attorneys for the families of three railroad workers electrocuted on the job reached settlement agreements with the Burlington Northern and Santa Fe Railroad Company, Taylor Machine Works, and Commonwealth Edison totaling $10 million. The family of Virgie Henry was represented by Brian Murphy of Hofeld and Schaffner, the family of Robert Goldsberry was represented by James Farina of Hoey and Farina, and Robert J. Bingle of Corboy & Demetrio represented the family of Robert Reed.

The three men were killed on January 12, 1999, as they were stacking railcar containers in a Burlington Northern and Santa Fe Railroad yard known as the Corwith Yard, near Pershing Road and St. Louis Avenue in Chicago. Due to a very heavy snowfall, containers were being stored in a yard that had not previously been used for that purpose. Goldsberry was operating a Taylor 950 Sideloading Crane at the time of the incident. As Goldsberry was attempting to place a container on two other containers near the fence line, the sideloader operated by Goldsberry came into contact with overhead electrical wires that lined the perimeter of the yard. The surge of high voltage and the wet ground created a “hot zone” around the sideloader. Reed who had been standing near the area was electrocuted. Goldsberry was electrocuted when he attempted to leave the sideloader. Henry was also electrocuted when he came onto the scene and ran to assist the two other men. All three men died as a result of their injuries.

The families alleged in their suit that the Burlington Northern and Santa Fe Railroad which operated and managed the railyard, failed to follow safety procedures by allowing the containers to be stacked near the electrical wires. The families also alleged that Commonwealth Edison failed to properly insulate and warn of the presence of the high voltage electrical wires.

The settlements were reached individually, with Henry receiving $3.5 million, Goldsberry receiving $3.1 million, and Reed receiving $3.4 million.