Jury Finding For Amtrak Upheld Court Lets Stand Verdict Against Baggage Handler

A jury verdict against a Whitefish baggage handler in her lawsuit against Amtrak for injuries she suffered while hoisting bags will stand, the Montana Supreme Court has decided.

The justices unanimously said jurors had enough evidence to conclude the federal government’s passenger train service was not negligent in requiring its employees to lift baggage weighing up to 75 pounds.

The ruling rejected the claims of Jackie McGregor that Amtrak knew such baggage was too heavy, but did not change its policy to protect its workers.

McGregor began working as an Amtrak ticket agent in 1983. In January 1994, she was unloading baggage from a train when she injured her arm moving one of the bags.

She sued the government agency, arguing it had failed to adopt regulations to ensure safe working conditions for her. McGregor contended Amtrak knew its 75-pound limit on baggage caused injuries to employees, yet continued to accept bags weighing that much.

She cited a September 1994 memo that limited bags to 50 pounds, unless the passenger paid a $10 fee. The document said the policy was meant as a financial incentive for passengers to travel with lighter baggage.

McGregor said the memo amounted to an admission that the 75-pound limit was a hazard.

Amtrak said the policy’s main purpose was to raise more revenue. It noted that its shipping service, Amtrak Express, maintained a 75-pound limit with no special fee.

Although the jury heard conflicting evidence about possible negligence, it had enough testimony with which to side with Amtrak, the Supreme Court found.

It also agreed with the lower court that evidence about how much baggage was handled by Amtrak employees in Spokane and Seattle was irrelevant.