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Verdict range $500,000 - $1,000,000
ARTICLE ID 43582
$________ Federal Locomotive Inspection Act violation - Inadequate cab seats - Rough-riding locomotives - Poorly maintained locomotive seats and rough track conditions - Excessive vibration resulted in cervical and lumbar injuries - Premature spinal degeneration.
U.S. District Court
In this negligence action, the plaintiff, a locomotive engineer,
alleged that the defendant violated the Federal Locomotive
Inspection Act (FELA).
The plaintiff contended that inadequate and poorly maintained
seats in the cabs of the defendants locomotives, as well as
rough-riding locomotives and rough track conditions caused the
plaintiff to sustain cervical and lumbar spine injuries. The
defendant denied the allegations.
The plaintiff was employed by the defendant Montana Rail Link as
a locomotive engineer for 16 years. During this period, he
operated a wide variety of diesel locomotives, which were
equipped with seats commonly used throughout the railroad
industry in the country. The plaintiff alleged that over 95% of
the locomotives that he operated over the course of his
employment with the defendant were owned and maintained by
defendant BNSF Railway Company and its predecessor railways.
During the fall of ________, the plaintiff began to experience
significant cervical and lumbar pain that progressed to the point
that the plaintiff sought medical attention. In December ________,
the plaintiffs physician removed him from work and conducted MRI
scans that disclosed that the plaintiff had mild degenerative
changes to his spine and bulging discs at C5,6 and L4,5. The
plaintiff sought a surgical consult which resulted in a
determination that the plaintiff was not a surgical candidate.
The plaintiff was eventually advised that he should seek
alternative employment.
The plaintiff brought suit against the defendant alleging that
the defendant violated FELA. The plaintiff alleged that the
locomotive cabs had inadequate seating, rough-riding locomotives,
poorly maintained cab seats and locomotives and rough track
conditions, all of which contributed to his injuries. The
plaintiff brought forth four co-workers who also testified as to
these conditions.
The defendant vigorously denied the plaintiffs allegations. The
defendant brought forth forensic testimony to dispute the
plaintiffs allegations.
Following a six-day trial, a six-member jury unanimously rejected
the defendants defenses and returned a verdict for the
plaintiff. The jury specifically found that the defendant
violated FELA, that such violation caused the plaintiffs spinal
injuries, and awarded the plaintiff $________ in damages.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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