| Please see below for a sampling of Hildebrand McLeod & Nelson LLP’s recent verdicts and settlements. Since 1926, the firm has consistently achieved similar results on behalf of injured men and women from all walks of life. An almost countless number of verdicts and settlements are not included in this sampling.
SMESRUD vs. UPRR | VERDICT: $1,396,841.00 | Martinez, CA | OCTOBER 2011
On June 25, 2008, Mr. Douglas Smesrud was injured while working as a trainman on a local freight job one very dark night along the San Pablo Bay (part of San Francisco Bay).
As he was walking alongside his train he walked into a rusty piece of rebar which punctured his knee causing him to twist and fall to the ground. The next day he began experiencing back and leg pain which were later diagnosed as symptoms from two bulging discs. After a sixteen month period of failed conservative treatment he had the first of two back surgeries.
He was forty years old on the date of the accident. He is now much improved but continues with back pain and the need for medication. He is unable to return to his regular work as a trainman.
The evidence established that the rebar came from hundreds of tons of recycled construction materials which Union Pacific Railroad Company’s predecessor, the Southern Pacific Railroad, used to reinforce the railroad’s tracks. Both Southern Pacific and Union Pacific managers failed to anticipate the danger the construction materials posed to their train crews who used the walkways at night.
After the accident it took Union Pacific Maintenance of Way crews parts of three weeks to remove rebar from thirteen miles of walkways. To this day, some rebar remains near the location where Mr. Smesrud was injured.
Mr. Smesrud was represented during the ten day trial by trial attorneys Anthony S. Petru and Ryan J. Otis of Hildebrand McLeod & Nelson LLP. After two days of jury deliberations, the jury returned a verdict of $1,396,841.00 in favor of Mr. Smesrud.
MEYERS vs. BNSF | VERDICT: $1,180,201.55 | Stockton, CA | AUGUST 2011
On May 1, 2003, switchman James R. Meyers suffered disabling injuries to his neck and low back when he fell to the ground due to hazardous footing conditions along the lead switching track at BNSF Railway Company’s Riverbank Yard in Riverbank, California.
As Mr. Meyers was engaged in “kicking” railcars down the lead track he pivoted to step away from the track after releasing a cutting lever and stepped on ballast that was left on top of asphalt near a carman’s crossing. His feet suddenly went out from under him and he fell face-first to the ground alongside the track. The ballast was scattered onto the asphalt the day before by a track cleaning machine called a yard cleaner. Mr. Meyers and other switchmen described the footing hazard as “walking on marbles” and “rolling on ball bearings.”
Evidence at trial established that BNSF was negligent for, among other things, failing to provide safe footing conditions along the switching lead, failing to clean up after the yard cleaner, and failing to warn Mr. Meyers of the footing hazard.
Mr. Meyers was almost forty-five years old on the date of the accident. He was disabled from railroad work by his physicians following a functional capacity exam and struggled to hold several non-railroad jobs. At the time of trial, he was working part-time as a commission-only orthopedic shoe salesman to the elderly. He underwent extensive treatment for his neck and low back, including numerous trigger point injections and epidurals. He continues to have chronic and disabling neck and low back pain.
This was a hard fought case and took a long time to get to trial because the railroad succeeded with a motion for summary judgment earlier in the case. Mr. Meyers fought the railroad through the appellate court and ultimately triumphed on appeal, thus getting his case remanded to the trial court for this jury trial.
Mr. Meyers was represented during the 9-day trial in Stockton, California by Kristoffer S. Mayfield and Victor A. Russo of Hildebrand McLeod & Nelson LLP. Following approximately 4 hours of deliberations the San Joaquin County jury returned a net verdict of $1,180,201.55 in favor of Mr. Meyers.
COOK vs. UPRR | VERDICT: $2,323,000.00 | Reno, NV | MAY 2011
On April 12, 2008, Jonathan E. Cook was assigned to work as an engineer on a Union Pacific Railroad freight train which had been left at a siding east of Lovelock, Nevada. As Mr. Cook prepared the train to depart, he stepped in crater grease which apparently had been wiped off of someone’s shoe on the bull nose of the top step inside the trailing third locomotive cab. Due to the crater grease Mr. Cook slipped and fell causing a head injury, loss of consciousness, visual problems, post concussive syndrome (PCS), mild traumatic brain injury (MTBI), low back pain, and injury to his neck resulting in a three level cervical fusion. Mr. Cook was unable to continue working as a locomotive engineer for UPRR.
Evidence presented at trial established that the existence of crater grease in the walkway was a strict liability violation of the Federal Locomotive Inspection Act, (LIA) 49 U.S.C. §§ 20701, the Federal Railroad Locomotive Safety Standards, (FRLSS) 49 CFR § 229.119(c), and negligence under the Federal Employers’ Liability Act, (FELA) 45 U.S.C. §§ 51 et seq. The LIA allows a railroad to use a locomotive only when the locomotive, and its parts and appurtenances, are in proper condition and safe to operate without unnecessary danger of personal injury. The FRLSS prohibits the existence of a slipping hazard in a locomotive walkway. It is well established that a foreign substance, such as crater grease, which was left in a walkway on a locomotive establishes violation of the LIA and the FRLSS. Documents presented during discovery indicate that the locomotive had been serviced by UPRR mechanical forces in Stockton, California on April 10 or 11, 2008. Crater grease is specifically used to lubricate locomotive traction motors. Crater grease is on and around the ground of locomotive facilities. UPRR was forced to admit under cross-examination that the substance in the locomotive was crater grease.
Mr. Cook was represented during the 10-day trial by Anthony S. Petru of Hildebrand McLeod & Nelson LLP. Following less than 3 hours of deliberation a Washoe County jury returned a verdict of $2,323,000 in favor of Jonathan E. Cook.
MARTIN vs. BNSF | VERDICT: $4,931,549.00 | Los Angeles, CA | FEBRUARY 2011
Mr. Martin was injured on November 14, 2008 while working as a switchman for BNSF at BNSF’s Hobart Yard in Commerce, CA. The accident occurred as a result of poor and overcrowded radio traffic and a defective radio which severely limited the crew to two operative channels. Due to excessive radio traffic the engineer mistakenly understood a 30 railcar count as a request to change radio frequencies. He did so. Mr. Martin soon saw a consist of locomotives on the track ahead of him and radioed the engineer to prepare to stop. The engineer heard nothing as he had already changed frequencies. Mr. Martin’s car counts to a stop and wash-out went unheeded. Immediately prior to the collision and to avoid being crushed, Mr. Martin jumped from the locomotive platform and suffered a grossly fractured right ankle. Mr. Martin was 28-years old on the date of the accident.
The severity of the ankle fracture and ongoing pain required Mr. Martin to undergo an ankle fusion surgery. His foot and ankle may ultimately require amputation. He continues to suffer from post-traumatic stress disorder.
The trial lasted ten days and the jury deliberated for one and a half days before rendering a verdict of $4,931,549.00 to compensate Mr. Martin. BNSF’s formal offer to compromise was $650,000 and was made contingent upon on Mr. Martin’s resignation from employment with BNSF.
Anthony S. Petru and Victor A. Russo of Hildebrand McLeod & Nelson, LLP represented Mr. Martin.
C.J. WILLIAMS vs. BNSF | VERDICT: $353,436.00 | Kern County, CA | DECEMBER 2010
Mr. C.J. Williams was injured on July 31, 2006 while working for BNSF Railway Company. He was 61 years old on the date of the accident and 65 years old at the date of trial. Mr. Williams had over 40 years of service with BNSF.
Mr. Williams was working as a conductor onboard a train headed from Bakersfield, CA to Needles, CA when he could proceed no further because his twelve hours on-duty had expired under federal law. While detraining to be swapped with another crew at a location called Klinefelter (10 miles outside Needles) he suffered a torn medial meniscus in his right knee when large steep mainline ballast gave way under his right foot as he descended the engineer’s side locomotive ladder. Mr. Williams was stopped at Klinefelter due to a red signal and train traffic ahead.
He underwent two arthroscopic meniscectomies, but was ultimately unable to return to work as a conductor under the instructions of his treating surgeon. Despite residual pain and some limitations, Mr. Williams was getting by without prescription pain medication.
The railroad argued that mainline ballast was safe despite admitting that it shifts unexpectedly underfoot and causes a large percentage of injuries to trainmen and engineers. Plaintiff presented the jury with BNSF’s “Walking Safely On Ballast” video. The railroad also attacked Mr. Williams’ credibility and claimed that he failed to maintain a 3-point stance while detraining the locomotive. The railroad further alleged that he should have stopped his train at a private road crossing a few thousand feet past the red signal at Klinefelter. With respect to his damages, the railroad argued that Mr. Williams chose to retire and should have gone back to work as a conductor or trainmaster.
The jury disagreed with the railroad, finding the railroad negligent and rendering a verdict of $353,436.00.
Kristoffer S. Mayfield and Anthony S. Petru of Hildebrand McLeod & Nelson, LLP represented Mr. Williams.
NEIL JENSEN vs. BNSF | VERDICT: $1,740,617.00 | San Joaquin County, Stockton, CA | NOVEMBER 2010
On April 25, 2003, at approximately 3:00 a.m. Neil Jensen, a 40 year old BNSF conductor was switching cars in the Fresno yard by pulling pins with his left arm. As Neil was making a cut, he reached down for the cut lever, pulled it up in the normal manner when the cut lever suddenly and abruptly stopped. Mr. Jensen immediately felt severe pain is his left arm.
Initially, two torn ligaments in his left wrist were misdiagnosed as a sprain. After a year of physical therapy Neil was returned to work, still in pain, only to experience a fall from a locomotive when his wrist gave out. Surgery followed. The surgeon, unfortunately, severed one nerve in the wrist and “nicked” another. A fellowship trained wrist specialist took over Neil’s care. Three more surgeries followed – the last a partial fusion – eventually allowing Neil to return to the trainman’s work he greatly enjoyed.
Mr. Jensen has constant discomfort and partial numbness in his wrist and hand, along with intermittent shooting nerve pain. He can work but requires 3 to 8 days off per month to preserve his wrist. At least one more surgery is required, likely a four bone partial wrist fusion and possibly a total wrist fusion.
Mr. Jensen filed suit against BNSF under the Federal Employer’s Liability Act, alleging that BNSF violated the Federal Safety Appliance Act by having a cut lever and coupler mechanism fail to operate properly at the time Mr. Jensen used it. Despite Mr. Jensen’s firsthand testimony, BNSF claimed the cut lever did work properly and tried to minimize the severity of his pain and suffering.
Anthony S. Petru and Ryan J. Otis of Hildebrand McLeod & Nelson, LLP represented Mr. Jensen. Following approximately three hours of deliberation, the jury returned a verdict of $1,740,617 for Mr. Jensen.
ROSENDALE McMACKIN vs. UPRR | VERDICT: $1,795,227.00 | Multnomah County, Portland, OR | OCTOBER 2010
On February 20, 2008, Rosendale McMackin, a 51-year-old Union Pacific Railroad (UPRR) conductor, was working onboard the lead locomotive of a nearly two mile long freight train pulled by five locomotives and weighing 10,546 tons. As the train slowed into Reynolds Siding east of Portland, Oregon the train underwent an undesired emergency brake application due to a defect in the train’s air brake system. The sudden and unexpected stop caused injuries to Mr. McMackin’s back and shoulder.
Expert witness testimony established that a defective air valve in a railcar near the rear of the train initiated the undesired emergency brake application. Brakes on the railcars applying from the rear of the train acted like an anchor against the locomotives as they continued to move forward until the train broke in two when a solid steel drawbar between the railcars severed. The locomotive engineer brought the train to a stop and testified that the incident felt like the cracking of a whip.
Mr. McMackin’s shoulder was surgically repaired, but lifting limitations prescribed by his orthopedic surgeon prevented him from returning to work as a conductor. Despite great efforts, some 2½ years later, he has found only seasonal non-railroad work. Mr. McMackin testified that he continues to suffer limited range-of-motion and pain in the injured shoulder.
Mr. McMackin sued UPRR under a federal law known as the Federal Employers Liability Act and alleged that UPRR’s equipment was defective and caused his injuries. UPRR admitted that it was liable for the undesired emergency brake application and break-in-two, but contended that Mr. McMackin did not suffer any significant or lasting injuries. Mr. McMackin was represented during the 7-day trial by Anthony Petru of Hildebrand McLeod & Nelson, LLP and John Coletti. Following one day of deliberations, the Multnomah County jury returned a verdict of $1,795,227.00 for Rosendale McMackin.
JEFFREY AND CAPITOLA SOMMER vs. SJVR | VERDICT: $2,133,000.00 | Kern County, CA | MARCH 2010
On February 14, 2006, in Bakersfield, California, plaintiff Jeffrey Sommer was working as a Teamster truck driver en route in a Freightliner tractor-trailer rig. As he proceeded to cross a public railroad crossing, a free-rolling loaded railcar weighing 130 tons shot out from behind an adjacent building striking the driver's side of his truck at 30-40 mph. The impact drove the truck and trailer perpendicular to the road, through power poles, a cinderblock fence, and rail crossing apparatus.
Extensive investigation and expert testimony established that the railcar’s air and handbrake system was rendered defective due to the improper addition of a non-conforming linkage (“clevis”) in the braking system. This linkage added four inches to the brake rigging, improperly allowing a key brake lever to hit against the undercarriage of the railcar, resulting in insufficient application of the brakes.
The fuel tanks of Mr. Sommer's truck ruptured and he feared that his truck would ignite and he might burn to death. He suffered multiple physical and emotional injuries including PTSD, Post Concussion Disorder, and Dissociative Disorder. These injuries resulted in permanent disability from gainful employment. Mrs. Sommer also brought her own claim for loss of consortium.
Plaintiff's attorneys Anthony Petru and Kristoffer Mayfield presented evidence and testimony to the jury during a 5-week trial. Following a half-day of deliberations the Kern County jury returned a verdict of approximately $2,133,000.00 for the plaintiffs.
JASON PERALES & JOHN DELSID vs. BNSF | SETTLEMENT: CONFIDENTIAL | San Joaquin County, CA | 2009
On June 14, 2006, Mr. Perales, engineer, and Mr. Delsid, conductor, were working on a train at Kismet, CA when their train was struck head-on by another BNSF train. The accident caused Mr. Perales and Mr. Delsid to suffer permanent, career ending injuries. Both cases resolved prior to trial for unprecedented confidential amounts. Anthony S. Petru and Kristoffer S. Mayfield were the trial attorneys on these cases.
CONLEY vs. UNION PACIFIC | VERDICT: $1,284,512.00 | Federal Court, Sacramento, CA | OCTOBER 2009
On March 1, 2003, Mr. Conley was working as a brakeman on a train from Roseville to Oakland, CA when he and his crew noticed smoke coming from a trailing locomotive. They stopped the train and Mr. Conley went back to the second locomotive to extinguish the fire before continuing to Oakland. He subsequently developed permanently disabling sinus and lung disease consistent with exposure to petrochemical fumes. Despite eyewitness testimony, UPRR argued that there was no fire and no documents supporting a fire. As it turned out, UPRR could not produce any Oakland service records whatsoever. Anthony S. Petru and John Furstenthal were the trial attorneys on this case.
WEAVER vs. BNSF | VERDICT: $1,437,848.00 (Gross) | Contra Costa County, CA | MAY 2009
On January 20, 2005, Mr. Weaver was working as an engineer in Richmond CA, when his engine struck another train which had fouled his track. He sustained injuries to his back resulting in surgery. BNSF argued that he failed to establish that the track was clear and failed to stop within half the distance of his move. Mr. Weaver contended that the track was clear when he began his move and that, because he was backing which created a huge blind spot, he had to rely on the direction of his crew. Anthony S. Petru and John Furstenthal were the trial attorneys on this case.
BRIAN WILLIAMS vs. TTX and UNION PACIFIC | SETTLEMENT: $1,300,000.00 | Los Angeles County, CA | MAY 2009
On August 23, 2006, Mr. Williams was working as a “tie down clerk” at an intermodal facility in Commerce, CA. After releasing a hitch mechanism on a TTX intermodal railcar, the hitch dropped violently, causing part of the mechanism to break off the railcar and violently strike Mr. Williams in the low back. Anthony S. Petru, Victor Russo, and Kristoffer S. Mayfield were the trial attorneys on this case.
ERIC LACY vs. BNSF | VERDICT: $1,080,000.00 | Fresno County, CA | MAY 2008
On May 4, 2004, plaintiff Eric Lacy was employed by BNSF as a locomotive engineer working in Fresno, California. He was injured when he was shoving backward and his locomotive came to an abrupt and unexpected stop. He suffered low back and shoulder injuries and was permanently disabled from engine service. Plaintiff alleged that the locomotive came to an abrupt stop due to BNSF’s negligence and a locomotive defect. Victor A. Russo and Kristoffer S. Mayfield were the trial attorneys on this case.
ARLIN KNUTSON vs. BNSF RAILWAY COMPANY and RED LION HOTELS CORPORATION | SETTLEMENT: CONFIDENTIAL | King County, WA | MAY 2008
On January 8, 2005, while being transported in a hotel shuttle van from the BNSF yard office at Pasco, Washington to the Red Lion Hotel Pasco for overnight lodging, Mr. Knutson was injured when the shuttle van was involved in a motor vehicle accident. Plaintiff suffered a closed head brain injury when the shuttle van collided with another vehicle in an intersection on icy roadway conditions. Plaintiff’s injuries were disabling and prevented him from continuing his employment as a locomotive engineer. In April 2008 the case resulted in a substantial confidential settlement during mediation at Tacoma, Washington. Frederick L. Nelson and Kristoffer S. Mayfield were the trial attorneys on this case.
WADE WRIGHT vs. UNION PACIFIC RAILROAD and GATX FINANCIAL CORPORATION | SETTLEMENT: CONFIDENTIAL | Multnomah County, OR | FEBRUARY 2008
On July 20, 2002, plaintiff Wade Wright was employed as a UPRR brakeman working in Klamath Falls, Oregon yard. Plaintiff boarded a tank car and while turning the handbrake wheel, the car sustained a sudden and unexpected severe movement causing plaintiff to be thrown off the platform and between the cars. Plaintiff’s foot was caught between the cars and sustained a crushing injury to his right foot resulting in partial amputation of his foot. At the time of his injury plaintiff was a resident of the state of Nevada. Plaintiff alleged that defendant UPRR was negligent for failure to provide plaintiff with a safe place to work in numerous particulars, including that defendant failed to inspect and repair their railcars and used a railcar with a defective cushioning device. Plaintiff also alleged strict liability for violation of the Safety Appliance Act in failure to have the cushioning device on a lumber car coupled to the tank car in good working condition. In 2008, shortly prior to trial in Portland, Oregon, the case resulted in a substantial confidential settlement. Anthony S. Petru was the trial attorney on this case.
DAMON BATTY vs. BNSF | VERDICT: $2,276,911.00 | San Joaquin County, CA | DECEMBER 2007
On February 21, 2004, plaintiff Damon Batty was employed as a BNSF locomotive engineer working in Stockton, California. He was injured when he slipped on an unknown “Armor All-like” substance on the floor of a locomotive cab. He suffered low back injuries and was disabled from engine service. At the time of trial he was in college to become a public school teacher. Plaintiff alleged that defendant BNSF was negligent for failure to provide plaintiff with a safe place to work. Plaintiff also made a strict liability claim for a violation of the Locomotive Inspection Act regarding BNSF’s failure to provide plaintiff with a safe and properly maintained locomotive cab. Contrary to the testimony of BNSF’s own managers, BNSF hired an expert to testify that the slippery substance had nothing to do with plaintiff’s fall. When asked if his opinion would change if the floor of the locomotive were made of Teflon and covered with cooking oil, he said his opinion would remain the same. Anthony S. Petru and Kristoffer S. Mayfield were the trial attorneys on this case.
CAMPBELL vs. PACIFIC HARBOR LINES | SETTLEMENT: CONFIDENTIAL | Los Angeles County, CA | NOVEMBER 2007
On January 26, 2005, Phil Campbell was killed while employed as a conductor for Pacific Harbor Line in Long Beach, California. Mr. Campbell was involved in a switching operation in a San Pedro yard known for its complicated track layout and confusing switch target signage. Mr. Campbell was hit by his train, knocked down, run over and killed. Plaintiff alleged that defendant Pacific Harbor Line was negligent for failure to provide Mr. Campbell with a safe place to work. This tragic incident was witnessed by an uninvolved locomotive engineer who was nearby, yet failed to warn Mr. Campbell of the impending danger. In deposition testimony a railroad official, responding to questioning by plaintiff’s attorney, admitted that the locomotive engineer failed in his duty to attempt to warn Mr. Campbell of the approaching railroad cars. In 2008, shortly prior to trial in Los Angeles, California the case resulted in a substantial confidential settlement. Anthony S. Petru was the trial attorney on this case.
JIMMY CHAMBERS vs. UNION PACIFIC RAILROAD | SETTLEMENT: CONFIDENTIAL | Los Angeles County, CA | APRIL 2006
On January 1, 2005, plaintiff Jimmy Chambers was severely injured while employed as a brakeman for UPRR. Plaintiff was bringing his train into the Delores Yard in Los Angeles when he was knocked down by his own train, run over, and both of his legs were amputated. Plaintiff alleged that defendant UPRR was negligent for failure to provide plaintiff with a safe place to work. Plaintiff also made a strict liability claim for a violation of a Federal Railroad Administration regulation known as the “Utilityman Rule”. Investigation and deposition testimony developed by Hildebrand McLeod & Nelson, LLP established that UPRR violated the Utilityman Rule by requiring that plaintiff’s conductor work simultaneously with plaintiff’s crew and another crew working nearby. Plainitff’s conductor became confused, failed to instruct and supervise the work performed by plaintiff, and contributed to causing plaintiff’s injury. Plaintiff alleged that the violation of the FRA regulation was a violation of a safety statute and thereby absolute liability against UPRR. In early 2007, during the second week of trial, a settlement was reached in what is one of the largest results ever achieved in a FELA case. Anthony S. Petru and Frederick L. Nelson were the trial attorneys on this case.
CHARLES MONTGOMERY vs. BNSF | VERDICT: $1,321,552.00 | San Joaquin, CA | NOVEMBER 2005
On July 8, 2001, Mr. Montgomery was working his second familiarization trip as a trainman when his train experienced an undesired emergency on the Tehachapi grade. Mr. Montgomery and his conductor walked back and found that they had a broken knuckle. The conductor replaced the knuckle with a different type, jamming it in place but rendering the knuckle inoperative. As the conductor and engineer pulled the front part of the train clear to switch out the defective car, Mr. Montgomery was instructed to walk back and tie 40 hand brakes to secure the train. It was pitch dark. Mr. Montgomery tied the 40 hand brakes and then proceeded to walk the remainder of the train when he slipped in steep unstable ballast with no walkway, injuring his shoulder and back. Both required surgery. BNSF fired Mr. Montgomery because he did not accurately report his past personal and health histories in his application. Anthony S. Petru was the trial attorney on this case.
CODY DICKINSON vs. UNION PACIFIC RAILROAD | VERDICT: $2,213,258.00 | Placer County, CA | AUGUST 2005
On July 19, 2001, Mr. Dickinson was injured when a ladder rung on the side of a boxcar failed causing him to drop and, when his grip failed, fall to the ground. He sustained injuries to shoulder and low back, resulting in one lumbar and two shoulder surgeries. Union Pacific argued failure to mitigate and believed that the jury in Placer County would not render a “large” verdict. Anthony S. Petru was the trial attorney on this case.
DAVID LEE and BOBBY O’DANIEL vs. PG&E, SHAW ENVIRONMENTAL, DOUBLE D TRUCKING and BNSF | SETTLEMENT: $4,100,000.00 | Contra Costa County, CA | JUNE 2005
On July 15, 2002, Mr. Lee (a conductor) and Mr. O’Daniel (an engineer) were operating an autorack train in Bay Point, CA, when a truck hauling dirt appeared to be stuck on a dirt crossing. The truck driver was killed and both Messrs. Lee and O’Daniel suffered back injuries. We brought suit against the trucking company (Double D), the contractor (Shaw), the principal (PG&E) and BNSF for poor condition of the crossing, as well as failure to utilize a flagman. After much finger pointing and several mediations, the cases settled on the first day of trial. Anthony S. Petru and David B. Draheim were the trial attorneys on this case.
AMY RICHARDSON vs. BNSF | VERDICT: $1,575,383.00 | Los Angeles County, CA | DECEMBER 2004
On September 29, 2001, Ms. Richardson suffered injuries to her neck and shoulder when a switch hung up as she was throwing it. An original diagnosis of shoulder strain was later found to be a brachial plexis injury and neck injury, resulting in several surgeries. Anthony S. Petru was the trial attorney on this case.
PEDRO CALDERON vs. MTA | VERDICT: $2,261,000.00 (Gross) | Los Angeles County, CA | JULY 2004
On July 19, 2001. Luis Calderon, age 18, was struck and killed by an MTA Blue Line train when he walked across the tracks at the Vernon Avenue station. His father, Pedro, alleged that his son’s death was caused by MTA’s failure to maintain a safe crossing. Although the crossing gates, bells and lights all worked properly at the time of this tragic incident, the crossing was unsafe because it lacked the additional safeguards needed to protect the public. MTA refused to make a settlement offer in this case. Victor A. Russo was the trial attorney on this case.
LIBRO vs. UNION PACIFIC RAILROAD | VERDICT: $2,500,000.00 | Federal Court, Reno, NV | FEBRUARY 2004
On February 21, 2004, Mr. Libro was a conductor on a train running from Elko to Sparks. En route, the train had an undesired emergency. Mr. Libro found that a brake pipe support hanger had broken, resulting in an uncoupling of the glad hands. Mr. Libro tied up the brake pipe and went looking for a siding or spur track in which to put the defective car. After several moves, he went to throw a switch to a spur track which hung up because the switch was spiked. He suffered injuries to his low back resulting in two surgeries. No comparative negligence was found by the jury because we were able to show that Mr. Libro was still engaged in dealing with a defective safety appliance at the time of his injury. Anthony S. Petru was the trial attorney on this case.
GARY ASHBEE vs. BNSF | VERDICT: $1,826,000.00 | San Joaquin, CA | DECEMBER 2003
On June 20, 2000, Mr. Ashbee was injured when a switch he was throwing at Edwards, CA, hung up on him. He failed to see that the switch was spiked, but it was not tagged or locked. Mr. Ashbee sustained injuries to his neck and low back, resulting in surgeries. BNSF argued that the neck injury was pre-existing (Mr. Ashbee had a prior neck surgery) and argued comparative negligence. Anthony S. Petru was the trial attorney on this case.
RONALD PUCKETT vs. BNSF | VERDICT: $2,125,000.00 | Federal Court, San Francisco, CA | JUNE 2002
On June 13, 2000, Mr. Puckett was working as an engineer when he suffered a severe back and left knee injury when his co-worker misjudged the distance between railcars and caused Mr. Puckett to run the train consist into a group of stopped cars, at 8 mph. BNSF argued that he could return to work as an assistant hub manager. Mr. Puckett contended that the alleged “offer” of a job was an insincere trial tactic. R. Edward Pfiester was the trial attorney on this case.
JIM FLAD vs. SAN JOAQUIN VALLEY RAILROAD | VERDICT: $1,702,932.00 | Kern County, CA | NOVEMBER 2001
On May 20, 1999, Mr. Flad suffered severe injuries when one of the handrails on an SJVR locomotive came loose as he was climbing aboard. Mr. Flad sustained a right shoulder impingement and a severe myofascial sprain. SJVR’s “experts” contended Mr. Flad could not have been injured because the involved forces were so “slight” and that he should have returned to work as a “crew hauler.” SJVR offered $150,000 to settle the case. Victor A. Russo was the trial attorney on this case. |
