A jury in St. Louis County, Missouri, recently awarded $3.18 million to John Walsh, a locomotive engineer, who was injured when the train he was working on was struck by another train. The Plaintiff claimed Burlington Northern Santa Fe Railway Company (BNSF) was negligent in failing to provide safe working conditions. The employees of the train coupling into the train the Plaintiff was working on failed to call ahead and did not stop – violations of BNSF safety protocol.
Because safety protocols were violated, liability was essentially not an issue in this case. Lawyers for BNSF contended that the Plaintiff could have radioed the other train to let them know that he was still on the train. But apparently that was not the typical practice. As a result, the issue for the jury really came down to damages. Due to the Plaintiff’s back injury, he is no longer able to work for the railroad. He was 34 at the time of the accident. Roger Denton, a lawyer with the Missouri firm of Schlichter, Bogard & Denton, represented the Plaintiff and did a very good job.
Source: Lawyers USA Online
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