Important Recent Multi-Million Dollar Verdicts & Settlements

$1,632,000.00 trial verdict for a BNSF Maintenance of Way worker in San Bernardino, California in January 2019.

On September 2, 2015 Plaintiff, a forty-two year old Maintenance of Way worker was in the process of unloading a guardrail from the flatbed of a grapple truck when a 83 pound rail rack fell from the truck and struck him.

The plaintiff contended that the rack did not contain safety pins to prevent the dislodgment of the rack which struck him. Defendant denied the accident happened the way the plaintiff did. The accident was unwitnessed. The plaintiff claimed injuries to his right ankle and lower back, as well as a concussion. Eventually, plaintiff underwent surgeries to his right ankle and lower back. The railroad agreed the plaintiff injured his ankle, but disputed the rest of his injuries. BNSF argued that the plaintiff could return to work for the railroad.

BNSF offered $50,000.00 prior to trial. After a four week trial the jury returned a verdict of $1,632,000.00 and found no fault on the plaintiff. Kaplan Law Corporation, Jarod A. Krissman.

$6,750,000.00 settlement including waiver of a substantial worker’s compensation lien for a worker who suffered significant burn injuries to various portions of his body in a fire at an oil refinery.

$4,500,000.00 settlement for a Jones Act-Maritime case. At the time of his accident, plaintiff was 37 years old and was working as a mate aboard a tug boat when suddenly and without warning a line whipped across the vessel and while attempting to get out of the way of the line, his left foot got caught on the deck cleat causing him to fall to the deck. This resulted in the line catching his other leg with significant force and thereby causing severe injuries. The injury to his leg resulted in the need for multiple surgeries. Defendant contended that the plaintiff was comparatively negligent for not following proper safety and Coast Guard procedures.

$1,750,000.00 settlement with BNSF for a locomotive engineer who suffered a lumbar spine injury requiring surgery after a chair collapsed while the train was underway. The defendant contended that the plaintiff failed to properly inspect the seat before sitting in it. Additionally, the defendant claimed that plaintiff’s injuries had healed sufficiently enough for him to return to work, but the reason he did not do so was because he suffered from a unrelated dependency on pain medication. Kaplan Law Corporation, Joel Krissman.

$1,500,000.00 including a waiver of a Worker’s Compensation lien. The plaintiff was an employee of a contractor who provided construction services for Union Pacific Railroad. The plaintiff was injured when the forklift operator, who was also employed by the same contractor as the plaintiff, caught the forks of the forklift on the railroad tracks which caused a solid steel angle bar that was not properly secured on top of rail panels that were being transported on the forklift to be propelled in the air and strike the plaintiff with significant force. The plaintiff suffered a fractured jaw, broken teeth, a cervical spine injury and head injury.

$1,000,000.00 settlement for a plaintiff who worked for Union Pacific Railroad, but was injured in a non-railroad related accident. The plaintiff was injured when he exited his vehicle that was on a tow truck and fell to the ground. The defendant contended that the plaintiff exited his vehicle without being told to do so and started walking without paying attention to his surroundings and therefore fell off of the truck onto the ground. The plaintiff who had a long pre-existing history of spinal problems and surgery, required further surgery as a result of the fall. The defendant contended that the spinal problems necessitating the surgery were pre-existing and pre-accident and that he merely suffered, at most, a simple aggravation of a pre-existing condition. Ultimately, the defendant agreed to tender their full policy of $1,000,000.00. Kaplan Law Corporation, Joel Krissman.


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