Verdicts and Settlements — Rome, Arata, Baxley & Stelly, LLC
Allen Begnaud v. State of Louisiana, Department of Transportation and Development
Mr. Begnaud was a guest passenger in a single vehicle accident which ran off the road and struck a tree. Mr Begnaud suffered multiple orthopedic and internal injuries which required numerous surgeries ultimately resulting in his wrongful death. The case was filed in St. Charles Parish, State of Louisiana. In an effort to treat the numerous internal injuries, Mr. Begnaud received over 100 units of blood and later developed Hepatitis C resulting in cirrhosis of his liver. Mr. Begnaud died of these injuries over 6 years after the accident. The court awarded $2,500,000.00 in total damages for the survivorship action and the wrongful death claims. After all appeals were denied, the total judgment was paid in the amount of $4,944,722.00, which included all judicial interest and court costs.
JUDGMENT $4,944,722.00
David Peet v. National Railroad Passenger Corporation (Amtrak)
District of Columbia Court of Appeals; No. 99-CV-1255
David Peet, a locomotive engineer, injured his neck when he tripped over a bucket of sand used to hold the crew room door open at Amtrak's Washington, D.C. station on March 11, 1996. Amtrak contended it was not at fault or that Peet was comparatively at fault in causing the injury. Amtrak also disputed the extent of Peet's injuries and argued that if Peet was injured, he had recovered and was physically able to return to work as an engineer. In support of this theory, Amtrak hired two (2) medical doctors to testify at trial and had Peet admit to doing numerous physical activities which supported its contention. At mediation, the railroad made no offer, but finally during trial, the railroad offered to settle this claim for $100,000.00.
JUDGMENT $1,500,00.00
Michael Martin, et al v. National Railroad Passenger Corporation, et al
USDC for the Eastern District of Louisiana: USDC# 99-487 c/w 99-2567
Michael Martin was the conductor on Amtrak's Sunset Limited, which collided with a tractor-trailer operated by Transwood, Inc at the Industrial Parkway crossing in New Orleans, LA. The crossing was operated by CSX at the time of the accident. Martin suffered severe injuries to his shoulder and neck which required several surgical interventions. The defendants each blamed each other for the accident and conflicting evidence was presented about the safety of the crossing although everyone agreed that the crossing was known as a dangerous crossing due to the abundance of industrial truck traffic. The defendants both presented evidence to suggest a lack of impact during the accident and some preexisting shoulder treatment in an effort to avoid damages to Martin. After six (6) days of testimony, the JURY returned a verdict in favor of Martin in the amount of $ 1,709,617, allocating fault as follows: 12% to Amtrak; 85% to CSX; and 3% to Transwood.
JUDGMENT $1,709,617.00
Walter Stritzinger v. Illinois Central Railroad Company, USDC No. CA-93-3124-E
Walter Stritzinger was a yard foreman working in the Mays Yard in Harahan, Louisiana who was injured when the ground gave way while walking in the Yard. As a result of this injury, plaintiff suffered an injury to his ankle and foot and also had a large cyst which had to be surgically removed. Plaintiff was unable to return to work as a foreman with the railroad. Before trial, the railroad offered $35,000.00 in an effort to resolve the matter. The court found in favor of the plaintiff and awarded $490,335.39, plus legal interest and court costs which was affirmed on appeal.
JUDGMENT $490,335.39
William D. Young v.CSX Transportation, Inc.
State of South Carolina, In the Court of Common Pleas, County of Hampton; No. 99-CP-25-113
Billy Young, a locomotive engineer, broke his right ankle while stepping from the platform on one railroad locomotive engine to another on March 9, 1997. Plaintiff lost $6,328.00 in wages as a direct result of this ankle injury. While Young's ankle injury did not require surgery and Young returned to full duty at the railroad within two months of the accident, Young and his co-workers testified at trial that he still, at least intermittently, walks with a limp since returning to work following his accident. Young also alleged vascular injuries in his right leg which were hotly contested by the railroad as unrelated to the accident. Indeed, the only vascular specialist who testified stated unequivocally his opinion that Young's vascular injuries were not related to his railroad accident. Young also testified that he injured his knee and shoulder, and suffered a hernia as a result of this accident, but he did not receive any specific medical treatment for any of these other injuries. The railroad's highest offer to settle the case was $50,000.00, reasoning that Young's injuries were very minor and that he had returned to work without any residual problems shortly after the accident. In closing arguments, plaintiff's counsel requested that the jury award approximately $290,000.00 for Young's injuries, and the railroad's counsel suggested to the jury that an award of $25,000.00 would be more than fair.
JUDGMENT $275,000.00
Conductor v. National Railroad Passenger Corporation
Superior Court for the District of Columbia, Civil Division
Plaintiff was working as a conductor for defendant, Amtrak, on Amtrak's "Capitol Limited" train. The eastbound Amtrak "Capitol Limited" train which departed from Chicago, Illinois and was bound for Washington, D.C., collided into the rear of a CSX freight train in Cumberland, Maryland. Plaintiff claimed that Amtrak's employees negligently failed to observe and/or obey a restricted signal indication and that Amtrak failed to properly train and qualify its operating crew regarding signal systems in the territory in which the accident occurred. Amtrak offered to enter into a stipulation regarding liability prior to the trial date. Conductor was 57 years old and was earning approximately $55,000.00 per year as a railroad conductor at the time the accident occurred. He was treated for lower back pain, including a right lumbar radiculopathy, and was ultimately diagnosed with a disc herniation at L5-S1. He did not undergo surgery, preferring rather to follow his doctor's recommendation to convalesce with conservative therapy. Amtrak disputed the extent of his injuries and argued that he had recovered to the extent that he was physically able to return to an alternative job at the railroad or elsewhere, but he had refused Amtrak's attempts to assist him with vocational rehabilitation.
SETTLEMENT $435,000.00
Carman v. CSX Transportation, Inc.
Civil District Court for the Parish of Orleans, State of Louisiana
Carman employed by CSX Transportation, Inc., injured his neck while lifting an End of Train (EOT) device in order to place it on the rear of a CSX train. Plaintiff contended that the EOT should have been stored on an EOT rack, but plaintiff instead found it on the ground and was required to lift it from the ground in order to place it on the rear of the train. He underwent a cervical fusion and claimed he was unable to return to work at his railroad job. CSX initially alleged that he claimed an on-the-job injury only after he was summoned to his supervisor's office for missing work without proper authority. CSX contended it was not at fault because plaintiff was simply performing a normal job duty that both he and his fellow employees had performed hundreds of times in the past. CSX further contended that plaintiff could not have injured himself in the manner he claimed since the EOT device weighed barely thirty pounds. CSX also disputed the extent of his injuries and argued that if he was indeed injured, he had recovered and was physically able to return to an alternative job at the railroad, but he had refused CSX's multiple attempts to assist him with vocational rehabilitation.
SETTLEMENT $400,000.00
Engineer v. National Railroad Passenger Corporation
State of Louisiana, Civil District Court for the Parish of Orleans
A locomotive engineer with Amtrak, alleged two separate causes of action/accidents, both of which contributed to back injuries which ultimately rendered him incapable of continuing in his railroad occupation. First, he alleged that on January 16, 1998, he was injured in Galesburg, Illinois when he slipped and fell on a patch of ice that had formed in a rut of a dirt road adjacent to Amtrak's platform. He alleged that the area was dark and the lighting in the area away from the platform was inadequate, and that the railroad failed to provide a safe workplace by failing to pull its train up to the platform so that he could walk safely to the train while carrying his "grip" which contained work equipment and clothing. Amtrak contended that he was simply inattentive to conditions around him and that it could not be held responsible for weather conditions which caused an accumulation of ice on the ground. He underwent two back surgeries following this incident, but returned to work shortly thereafter in his regular job as a locomotive engineer.
Second, on December 6, 2000, Engineer alleged that as he was walking between railroad tracks at the Union Passenger Terminal in New Orleans, Louisiana, he stepped in a hole, further exacerbating his lumbar injuries to the extent that he was unable to continue in his regular railroad occupation. As to this cause of action, he alleged that Amtrak failed to inspect, maintain, find and warn him of the dangerous condition (i.e., the hole) in its railroad yard, and that Amtrak failed to issue appropriate warnings prior to his accident concerning the walkway and roadbed. The railroad denied that this accident even occurred, and further defended its position by arguing that if this incident did occur, it caused nothing more than a very minor non-debilitating aggravation of plaintiff's back condition, which certainly did not preclude him from continuing in his position as a locomotive engineer. At the time this case was set for trial, he was 58 years old, and had an approximately 25-year history of prior chiropractic treatment on his back (consisting of well over 100 visits), which Amtrak predictably argued was the sole precipitating factor behind the requirement for plaintiff's back surgeries and his alleged inability to continue working. In support of this theory, Amtrak's medical doctor strongly opined that his back injuries clearly pre-existed his railroad accidents and that he was nonetheless physically able to return to work as an engineer.
SETTLEMENT $400,000.00
Plaintiff v. Defendant, 29th JDC, Louisiana
The plaintiff in this action was a lawn maintenance worker who was performing his job duties when a motorist hauling a trailer proceeded down the highway. The trailer that was being towed came loose from the vehicle and struck plaintiff causing numerous spinal disc injuries to plaintiff which required extensive medical treatment, bed rest and pain management. Plaintiff avoided surgical intervention and the case was settled during mediation on the eve of trial for the total sum of $3,500,000.00.
SETTLEMENT $3,500,000.00
Locomotive Engineer v. CSX Transportation, Inc. and McKay Trucking
The plaintiff in this action was a locomotive engineer with CSX Transportation, Inc. who was operating a freight train that was involved in a crossing collision with a tractor-trailer. The collision resulted in the diesel fuel tank of the tractor-trailer rupturing and catching on fire. As a result of the smoke and fire, plaintiff jumped from the moving train and suffered multiple fractures to his ankle requiring numerous surgeries and procedures. Plaintiff was unable to return to work as a locomotive engineer and despite his participation in the railroad's alternative job placement program, he was unable to secure alternative employment within the railroad. The trucking company filed for bankruptcy protection; however, plaintiff was able to settle for the total sum of $1,059,636.00, which included the insurance policy limits from the trucking company as well as contributions from CSX.
SETTLEMENT $1,059,636.00
Locomotive Engineer v. CSX Transportation, Inc., USDC, District of South Carolina, Division of Columbia
Plaintiff was a locomotive engineer with CSX Transportation, Inc. who was delivering some freight cars to a local industry in South Carolina. While plaintiff was watching the ground to judge the speed of his locomotive, a vinyl strip that was hanging down from a warehouse opening struck the plaintiff's head resulting in a severe and permanently disabling neck injury. Plaintiff underwent an anterior cervical fusion and was unable to return to work as a locomotive engineer. After four days of trial, the Court granted a directed verdict for the plaintiff on the issue of liability and the parties settled for $700,000.00.
SETTLEMENT $700,000.00
Engineer v Alabama Great Southern Railroad, et al.
On June 25th, 2004, a lifelong railroad locomotive engineer sustained fatal third degree burns covering nearly 100% of his body in a fiery explosion when the freight train he was operating collided with a gasoline tanker truck loaded with over 8,000 gallons of fuel at a railroad crossing in Chalmette, Louisiana. Local authorities that were close to the scene courageously rendered critical first aid before he was lifted by helicopter to Charity Hospital in New Orleans, Louisiana. The engineer, represented by our firm, clung to life for over 7 hours, finally succumbing to his terrible burn injuries. The train's conductor also perished in the explosion.
The engineer's surviving wife and children brought a wrongful death suit and survival action against the railroad employer, the trucking company that pulled in front of the train, as well as the authority responsible for the highway/crossing design.
In the course of the litigation, this family successfully argued that in addition to the clear negligence of the commercial truck driver in his failure to yield to the oncoming freight train, the railroad employer also failed in its duties under the Federal Employer's Liability Act (FELA), to provide its employee with a reasonably safe place to work.
Our firm was successful in negotiating a confidential multi-million dollar settlement from all defendants.
SETTLEMENT: CONFIDENTIAL MULTI-MILLION DOLLAR SETTLEMENT
