Plaintiff, railroad switchman, suffered a disabling back injury when the track switch he was operating suddenly jerked toward him. He sustained lumbar spine injuries resulting in L40S1 fusion, subsequent revision surgery, and depression. The switch at issues was reported by employees as being difficult to operate and in need of repair on multiple occasions prior to the occurrence. Defendants denied the switch was defective, contended Plaintiff should not have operated the switch if he knew it was defective, and denied the extent of Plaintiff’s injuries.
Verdict: $1,262,400 after 40% off $2,104,000 v. all Defendants. ($700,000 loss of normal life; $540,000 pain and suffering; $120,000 future medical expenses; $744,000 past and future loss of earnings; $0 disfigurement)
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Category: Mid Back Injuries, Other, Railroad/FELA, Statutory Actions