Partner Robert Hickey Secures Appellate Win for Metro-North

December 17, 2013

On December 17, 2013, the Second Circuit Court of Appeals issued a summary order affirming the judgment rendered in favor of RRD client Metro-North Commuter Railroad in a case tried in June of 2013. The case involved a claim by Metro-North employee Daniel Piroscafo, a conductor. Piroscafo sued Metro-North under the Federal Employer’s Liability Act, a federal statute that allows railroad employees to sue their employer in negligence for on-the-job injuries. Piroscafo alleged that he was injured when he fell on an icy train platform. He also alleged serious injuries to his foot, which kept him out of work for well over a year.

After a jury verdict in Metro-North’s favor, Piroscafo filed an appeal arguing that he was entitled to judgment as a matter of law or, in the alternative, a new trial. The appeal was handled by Partner Robert Hickey with the assistance of Attorney Beck Fineman. Attorney Hickey also tried the original jury case. The appeal was argued on December 11, 2013.

The Second Circuit rejected all of Piroscafo’s arguments and affirmed the judgment entered in Metro-North’s favor.