Jury Awards Over 7.5 Million to Three Injured Railroad Workers

Three railroad worker for the Union Pacific were injured in a head on collision with a runaway tanker car. They were unable to return to work anf filed suit against the companies that were in possession and control of the car. After a three week trial a Los Angeles jury awarded them over 7.5 million.

(PRWEB) March 14, 2004 --On March 10, 2004, after a three week trial, a jury in the Los Angeles Superior Court awarded Harold Johnson, Charles Robinson, and Adam Strickland more than $7,000,000 for injuries sustained in a railroad collision. This is one of the largest verdicts ever in a railroad injury lawsuit. James K. Vucinovich of Yaeger, Jungbauer, Barczak & Vucinovich, PLLC who represented Johnson, described the accident as another case of corporate irresponsibility."

In the early evening of July 4, 2001, Johnson, a switchman with 28 years of railroad work under his belt, and Strickland, a conductor, were riding in the cab of an eastbound locomotive as it slowly made its way through a train yard in Los Angeles. Their train was coupled to another engine that powered both, and was driven by Robinson, an engineer. Johnson and Strickland acted as lookout and blew the whistle to let workers in the yard know their train was coming through. They had just pulled into view of the curved track ahead when they saw a runaway tanker car barreling straight for them.

The runaway tanker car, loaded with corn syrup and weighing 130 tons, had rolled out of a warehouse and sped through two miles of Los Angeles neighborhoods and street crossings, remarkably injuring no one. The car was traveling nearly 60mph when Johnson and Strickland saw it coming. Seconds later it hit their train, and it hit hard, demolishing the lead locomotive and throwing them from their seats. Johnson was knocked unconscious. He came to, bruised and bleeding, and the damage was permanent. Three years later, the pain in his back, hands, and ankle remains constant. The injury to his shoulder limits the motion of one arm, and he suffers from post-traumatic stress disorder.

Robinson sustained multiple orthopedic injuries to his knees, neck, and back that left him permanently disabled. Strickland had multiple bruises and contusions, and permanent injuries to his back and knee. Not one of the three is able to return to work.

In addition to reaching a settlement with the Union Pacific Railroad under the Federal Employers Liability Act (FELA), a negligence lawsuit was filed against the companies who were in possession and control of the tank car when the accident occurred. One of the companies, D&S Ingredients Inc., settled out of court, leaving Vernon Warehouse (represented by Scott Hengesbach of Murchison & Cumming in Los Angeles) as the sole defendant at trial.

The defense argued that when the railroad left the car in the yard earlier that day they had failed to secure the hand brake properly, or that an unknown, unnamed vandal had released the hand brake. The defense maintained to the end that Vernon Warehouse had no responsibility for this incident.

James K. Vucinovich of YJBV, who represented Johnson, said Vernon Warehouse did not have any set procedures, training, or supervisory controls over the handling of loaded tank cars, even though it is and has been their business for decades. It is unfortunate in this day and age that corporations continue to do business in ways that are unsafe and irresponsible, and in this case led to an accident that ruined the careers of three railroad workers."

The jury awarded:
$3.8 million to Harold Johnson, who was represented by James K. Vucinovich of Yaeger, Jungbauer, Barczak & Vucinovich with offices in Minneapolis Minnesota and Seattle Washington.
$2.5 million to Charles Robinson, who was represented by Mark P Dupont of Dupo Illinois.
$1.5 million to Adam Strickland, who was represented by Joseph Capelli & Associates of Conshohocken Pennsylvania.

The case was tried in the Superior Court of Unlimited Jurisdiction, County of Los Angeles Central District, under docket no. BC 273174