Protection of Witnesses to FELA Injuries

45 USCS § 60 (2001)

§ 60. Penalty for suppression of voluntary information incident to accidents; separability of provisions

Any contract, rule, regulation, or device whatsoever, the purpose, intent, or effect of which shall be to prevent employees of any common carrier from furnishing voluntarily information to a person in interest as to the facts incident to the injury or death of any employee, shall be void, and whoever, by threat, intimidation, order, rule, contract, regulation, or device whatsoever, shall attempt to prevent any person from furnishing voluntarily such information to a person in interest, or whoever discharges or otherwise disciplines or attempts to discipline any employee for furnishing voluntarily such information to a person in interest, shall, upon conviction thereof, be punished by a fine of not more than $ 1,000 or imprisoned for not more than one year, or by both such fine and imprisonment, for each offense: Provided, That nothing herein contained shall be construed to void any contract, rule, or regulation with respect to any information contained in the files of the carrier, or other privileged or confidential reports.

An Example of Injunction Protecting Witnesses to FELA Injuries

Judge Daly's Opinion: March 28, 1991

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

___________________________________X

WILLIAM CUSACK,

Plaintiff

VS. Civ. No. N-90-83 (TFGD)

METRO-NORTH COMMUTER RAILROAD,

Defendant

_____________________________________X

 

ORDER

After careful review of the papers filed in this matter, and on the present record, the Plaintiff's Motion for Order Protecting Witnesses Pursuant to Section 60 of FELA is GRANTED.

Accordingly, the Court hereby ORDERS that the defendant Metro North Commuter Railroad -- its agents, attorneys, officers, and claim agents, including but not limited to Claim Agent John J. McGovern -- shall cease and desist from any and all further threats, intimidation, coercion, or any other devices whatsoever the purpose, intent, or effect of which is to prevent or attempt to prevent employees with information regarding the plaintiff William Cusack's alleged FELA injury -- included but not limited to Gerard J. Corrigan -- from voluntarily furnishing information to the plaintiff or to the plaintiff's attorney regarding the facts incident to the plaintiff's alleged FELA injury.

It is hereby further ORDERED that the defendant Metro North Commuter Railroad -- its agents, attorneys, officers, and claim agents, including but not limited to Claim Agent John J. McGovern -- are hereby prohibited from retaliating against, discharging, or disciplining in any way such employees including but not limited to employee Gerald J. Corrigan - in connection with their furnishing of information to plaintiff Cusack and to his attorney or in connection with their testimony at the upcoming trial before this Court of William Cusack's FELA case.

This Order may be enforced by any person who is affected by its violation at any point before, during, or after the trial the plaintiff's FELA case.

SO ORDERED.

Dated at Bridgeport, Connecticut this 28th day of March, 1991.

 

T. F. Gilroy Daly, U.S.D.J.

 

Other Cases of Interest:

United Transportation Union et. al v. Metro-North Commuter Railroad Company, 862 F. Supp. 55 (SDNY 1994), 1995 WL 634906 (SDNY 1995)

Norfolk Southern Ry. v. Thompson, 430 S.E. 2d 371 (Ga. App. 1993)

Harper v. Missouri Pacific R.R. Co., 636 N.E. 2d 1192 (June 30, 1994)