Verdicts and Settlements
$1.277 M Verdict For CP Engineer
A jury returned a verdict in Federal Court in South Bend, Indiana on
October 9, 2015 in the amount of $1.277 million for a locomotive
engineer who sustained non-surgical lower back injuries when the
engineer's seat back collapsed. Attempts to return to work for the
railroad were unsuccessful and the client ultimately found employment
at a significantly lower paying job. The verdict was one million
dollars more than the railroad's last settlement offer.
CN/WC Conductor Six-Figure
Policy Limit Settlement
In a case that UTU (SMART) Designated Counsel rejected, a
six-figure settlement was obtained for the full amount from the
insurance policy coverage of a driver who struck a CN/WC conductor
who was protecting a shove at an Industrial Park crossing. The
conductor sustained a partially dislocated shoulder which kept him off
work for four months.
Injured Ankle/Knee CP Conductor
Cook County Jury Verdict Award for Canadian Pacific Conductor. On
September 20,2013 a Cook County, Chicago jury awarded a verdict to
a CP conductor who was injured when he stepped in a hole covered
by snow at the Bensenville Yard as he attempted to ensure the switch
was lined properly. Our client sustained injuries to his foot and ankle
and missed approximately six months from work. The jury agreed with
our evidence that he needed to be off work for that period of time and
rejected the opinions offered by the railroad's expert medical witness.
The net verdict awarded was more than seven times the railroad's last
Crush Injuries/Wrongful Death
A 55 year old railroad conductor, husband and father of four was
killed when the boxcar he was riding on a stub track derailed due to
the accumulation of snow and ice on the rail pinning and crushing him
against a covered hopper on the adjacent mainline track. His employer
failed to properly maintain the track. Damages were allocated to the
deceased conductor for the several seconds he consciously suffered
and to his surviving wife and children for their loss of support.
A seven figure confidential settlement of the FELA claim was reached
and structured to provide higher education to the children and lifelong
security for his surviving wife and children.
Loss of Limb/Arm
A 52 year old conductor lost his arm just below the shoulder when he
tripped on debris and fell toward the track and moving train. Surgery
which attempted to regenerate the nerve to assist in the use of a
prosthesis was unsuccessful. The plaintiff brought suit against the
railroad and the plant owner for failure to properly maintain its
A confidential seven figure settlement was reached during trial prior to
Quadriplegic-Tennessee National Guardsman
A 36 year old laborer was struck by a train in rural Tennessee as he
was operating a dump truck for the National Guard. The plaintiff was
rendered a quadriplegic when struck by the freight train moving at 42
mph. The only crossing protection was crossbucks. The plaintiff sued
the railroad for negligent train operation, failure to keep a lookout and
failure to maintain vegetation in its right of way. The case was settled
between the parties as the jury deliberated after a three week trial in
A confidential seven figure was reached prior to verdict.
Low Back and Shoulder Injuries/Verdict
A 42 year old conductor attempting to dismount a freight car fell when
the grab iron broke away from the car. The plaintiff sustained injuries
to his lower back and shoulder resulting in multiple surgeries. The
defective grab iron had been repaired by an outside contractor six
weeks before plaintiff was injured. Suit was filed against the repairing
company and the railroad. At trial, the Cook County,Illinois jury found
the railroad in violation of the Safety Appliance Act and awarded a
seven figure verdict to the plaintiff.
A seven figure post- verdict settlement was reached.
Lower Back Injuries While Operating Switch
A 52 year old conductor was injured while operating a track switch at
an industry plant when the switch handle suddenly stopped during
operation. The plaintiff underwent multiple surgeries to his back but
remained disabled. A Cook County, Illinois jury found in favor of the
plaintiff and against the railroad and the industry and awarded a seven
figure verdict to the plaintiff.
A seven figure confidential post-verdict settlement was reached.
Seaman in Tennessee/Broken Leg
A 42 year old deckhand fell four feet from a covertop to the deck of a
barge due to the unannounced bump of the barge by a tugboat. The
plaintiff sustained a broken leg which required surgical repair. The
plaintiff was released by his surgeon to go back to work eight months
after the incident.
A successful mediation in Memphis, Tennessee resulted in a
confidential six figure settlement.
Loss of Limb/Leg-Verdict
A 48 year old conductor lost his leg below the knee while spotting
crane movement at an intermodal facility when the crane tire ran over
his leg. The plaintiff brought suit against the railroad, crane owner and
the company that provided the crane operator. The case was tried for
four weeks to verdict in Cook County, Illinois.
The jury awarded the plaintiff $ 4.2 million under FELA and common
A 40 year old Conductor's leg was coupled between two rail cars while
he attempted to secure a runaway car. The plaintiff ultimately
underwent seventeen surgeries in a successful effort to save his leg.
The case was filed against the railroad in Federal Court in Chicago,
Illinois and was settled the day before the trial was to begin.
A structured settlement agreement reached for plaintiff of $ 3 million
for economic and non-economic losses.
A 48 year old locomotive engineer sustained permanent cervical spine
injuries when he was struck by a train consist while seated in the cab
of his locomotive. Spine surgery did not provide relief and the plaintiff
was unable to return to work as a locomotive engineer. The plaintiff
brought suit against the railroad for failure to coordinate train
A settlement was reached prior to jury verdict for $ 1.4 million.
A 30 year old unemployed laborer was struck by a commercial truck
and sustained injuries to his neck and lower back resulting in lower
back surgery. A lawsuit was filed in Kankakee County, Illinois against
the trucking company for its employee's negligent operation of the
The case went to mediation and a structured settlement was reached
for the plaintiff and his wife in the amount of $1.6 million.