UK - Train bosses fight chair payout

[John Ashworth]

Train bosses fight chair payout

Train bosses are fighting a court award to a Leeds train driver who was injured...by his chair.

David Eaglen retired early as a driver for Arriva Trains Northern with severe back pain, which he blamed on the seat in the 158 class trains he drove.

A county court judge ordered Arriva to pay him substantial damages, but yesterday the firm challenged the decision in the Appeal Court in London.

Mr Eaglen, 63, of Ibbetson Rise, Churwell, Morley, drove trains out of the Leeds depot for 12 years. He first complained to his doctor of back pain, diagnosed as sciatica, in 2003.

After an in-cab assessment on a 158 loco his doctor recommended that he only drive one-hour journeys.

The county court judge found that, despite Mr Eaglen's requests for change, nothing was done to help him and he had to retire on medical grounds.

Arriva's barrister, Stephen Glover, argued Mr Eaglen chose to carry on driving and his condition was not caused, but worsened by the seats. He said none of the other 230 drivers at the Leeds depot had complained.

Mr Eaglen could take six months sick pay and a further six months at half pay, he said. "Nobody told him that he could not go off sick or see the doctor sooner...he spent four months in pain before he told his doctor."

He added that the driver safety pedal could be lifted for up to five seconds before the brake was automatically activated, giving any driver the chance to change position.

Daniel Edwards, for Mr Eaglen, said the chairs on the 158 were redesigned in 1999 and replaced in 2000, but Arriva could offer no explanation as to why.

He added: "Where a man is complaining of injury when driving trains ... it is incumbent on the employer to do something, and the judge's findings were that they (Arriva] did nothing."

Judgment will be given a later date.

Yorkshire Evening Post
Last Updated: 28 February 2008 9:28 AM

[Kevin Wilson-Smith]

Fair enough (!).

[John Ashworth]

Good job health and safety litigation didn't exist in the days of steam engine seats!