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Conductor Ordered to Drive Train in Hot Cab Sued NJ Transit Citing Loss of Guitar Skills

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, March 14 – Scott Lupia was ordered to drive a New Jersey Transit trial from Penn Station toward Dover, NJ, on July 21, 2020 despite telling his supervisors the control cab was too hot, he felt dizzy and had a medical condition.

He was hospitalized and sued. 

 On March 14, 2023 U.S. District Court for the Southern District of New York  Judge Lewis J. Liman was presiding over the trial. Inner City Press went and covered it. 

 Lupia was on the witness stand. He described telling his supervisor Sue Walker about his medical condition, but being told to drive nonetheless.

 Later he described being taken to the hospital in Summit, NJ and various ailments since, including no longer while playing the guitary being able to coordinate his pick hand and his fret hand.  

A settlement conference was previously held in the case, but without result. Now a civil jury of six - there was one alternate also selected in a voir dire without court reporter - will soon decide.

The case is Lupia v. New Jersey Transit Rail Operations, Inc., 21-cv-11077 (Liman) 

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