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HERNDON v. NATIONAL R.R. PASSENGER CORP.

No. 01-CV-1349.

814 A.2d 934 (2003)

Walter G. HERNDON, Appellant, v. NATIONAL RAILROAD PASSENGER CORPORATION, Appellee.

District of Columbia Court of Appeals.

Decided January 16, 2003.

Attorney(s) appearing for the Case

Larry Lockwood, Jr., pro hac vice, Portsmouth, VA, Francis P. Hajek, Virginia Beach, VA, and Lawrence M. Mann, Washington, DC, were on the brief for appellant.

Joseph S. Crociata, with whom Jonathan Eric Agin, Washington, DC, was on the brief, for appellee.

Before STEADMAN and FARRELL, Associate Judges, and NEWMAN, Senior Judge.

STEADMAN, Associate Judge:

Appellant Herndon, a conductor on what is commonly known as Amtrak, was injured when his train "lurched violently and unexpectedly" as it passed milepost 97 in the Baltimore-Potomac Tunnel. Herndon sued Amtrak for negligence under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51 et seq. In substance, he asserted that the train was traveling at an excessive speed under the circumstances, although that speed did not...

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