by Jeff Smith
https://www.nj.com/news/2023/03/nj-tran ... utType=amp
An NJ Transit engineer who suffered career-ending head injuries after passing out in a locomotive cab with non-working air conditioning that reached 114 degrees in July 2020 was awarded $11.6 million Monday by a jury in a federal labor suit.
The former engineer, Scott Lupia, 47, of Denville, filed a Federal Employer’s Liability Act suit on Dec. 27, 2021 after he was ordered to operate a locomotive with a broken air conditioner on July 21, 2020. A train master recorded a temperature of 114 degrees in the cab when he reported the broken AC unit, court papers said.
He was ordered by a chief trainmaster to operate the train anyway, the lawsuit said. Refusing to take train 6659 out would have been considered insubordination and could have cost Lupia his job, court papers said.
The high temperatures caused him to pass out, but he was able to make an emergency radio call for help and hit the emergency brakes to stop the train in Summit, before he lost consciousness and hit his head on metal in the cab, the lawsuit said.
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~el Jefe :: RAILROAD.NET Site Administrator/Co-Owner; Carman at Naugatuck Railroad
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~el Jefe :: RAILROAD.NET Site Administrator/Co-Owner; Carman at Naugatuck Railroad
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