In recent years, the following trial results were won by our firm on behalf of injured railroad workers:

A mechanical worker-machinist in Bakersfield was offered $150,000.00 by the railroad which was rejected and instead he received a verdict of $1,173,984.00.

A shopcraft worker, who was offered $150,000.00 by the railroad, which was rejected and instead he received a verdict of $850,000.00 from a Los Angeles Federal Court jury.

A shopcraft worker was offered $200,000.00 which was rejected and instead he received a verdict of $637,000.00 in El Centro, California.

A Union Pacific Maintenance of Way worker was injured in Nevada and was offered $200,000.00 which was rejected. The Plaintiff received a $600,000.00 verdict in trial.

A Maintenance of Way worker who was offered $50,000.00 prior to trial and asked to resign as a condition of settlement which was rejected and he instead received a gross trial verdict of $268,000.00, plus pre-judgment interest without having to resign.

Additionally, we have obtained for clients who are relatives or friends of railroad workers, several large verdicts in non-FELA cases. For instance, we won on behalf of our client a verdict of $1,219,000.00 in a maritime case in Long Beach Superior Court. A client from Arizona received a $435,000.00 verdict from a Phoenix jury for injuries sustained in a construction accident. A plaintiff received a verdict in Norwalk Superior Court in a medical malpractice case in the amount of $248,827.00 in the face of a zero offer. We obtained a trial verdict of $430,000.00 in a Jones Act case after declining an offer of $30,000.00.

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The cases listed below are a small cross-sampling of various operating department FELA cases our firm has settled against the major railroad companies:

An Engineer from California who sustained injuries from being exposed to diesel fumes while the helper unit he was on board stopped in a tunnel. The railroad claimed that he was not really injured, that he had pre-existing asthma and that he had violated various safety rules. Prior to our representation, he was offered only a few thousand dollars. The case was eventually settled during the first day of trial for several hundred thousands of dollars, plus the payment of all medical bills (there was an agreement not to publicize the specific amount of the settlement). To our understanding, at the time, this was the largest diesel inhalation settlement paid by this particular carrier and possibly by any of the carriers and may still be. Additionally, we were informed by the our client's General Chairman that, as a result of the amount of money being paid to exposed railroad workers (trainmen and engineers) represented by our firm that the railroad had decided to start furnishing masks and oxygen kits to trainmen and engineers in the San Joaquin area.

A BNSF conductor was fatally injured when the train he was riding in rear-ended another BNSF train that was stopped. BNSF contended that Plaintiff and his engineer were either asleep at the time of the accident or totally inattentive and, therefore, they were the entire cause of the fatal accident. Additionally, the railroad contended that if any damages were to be awarded, it should be an extremely small amount because the children were near the age of majority. Again, through the use of extensive discovery which involved the taking of many depositions and the utilization of various expert witnesses, we were able to prove, among other things, that the signal systems malfunctioned, that the dispatchers were negligent and that there were certain defects in the locomotive unit itself. Just prior to trial, the case was settled for $960,000.00 including a significant structured settlement for the widow as well as her children.

An engineer from California, who suffered a herniated disc when he slipped and fell while MUing units. It was the railroad's contention that he was performing a routine and simple job and fell only because he was not paying attention to what he was doing. The railroad produced a videotape of women MUing units to attempt to counter the plaintiff's contentions that MUing was awkward and difficult work when one was required to perform it on unlevel and especially slippery surfaces. Through the use of extensive discovery and the utilization of expert testimony, we were able to prove that the placement of the receptacles in different locations on different units was a violation of the Safety Appliance Act. The case was settled in excess of $800,000.00 including a structured settlement that paid him in excess of $3,000.00 per month for life plus the payment of all medical bills.

An engineer from California suffered a herniated cervical disc when the train he was riding in collided with another Southern Pacific train that was making a reverse movement onto the same track that his train was occupying. The railroad wrote up the his crew for violating the "restricted speed" and "delayed in the block" rules. Again, through the use of extensive investigation, statement taking, deposing of witnesses and the presentation of expert testimony, we were able to demonstrate that the dispatcher was in error for giving the other train permission, under the circumstances, to make a reverse movement and that the engineer and his crew had not violated the restricted speed rules. The case was settled confidentially in the very high six figure range with a very large structured settlement which offered him and his family lifetime financial security which brought the overall value of his settlement well into the high seven figures.

A switchman from Phoenix, Arizona injured his knee when he hopped off a car during a switching operation. It was the carrier's contention that he was at fault because he jumped off of the car while it was moving at too high a rate of speed and he was not paying attention to the ground surface where he detrained. Additionally, he underwent exploratory arthroscopic knee surgery that demonstrated he had a blister under the knee cap. The defendant contended that they had never seen such an injury caused by trauma and that it was not serious enough to have rendered him unfit for duty as long as it did. The defendant also had surveillance films of the Plaintiff. His case was settled in the extremely high limits of the six-figure range in addition to the railroad paying in to the Railroad Retirement Board and crediting him for the months that he lost while he was off of work.

A conductor from California suffered a twisting injury to his knee when he fell from a railroad car. The railroad contended that he suffered a relatively minor injury to his knee and underwent a minor and unnecessary arthroscopic surgery. More significantly, the railroad contended that the Plaintiff was perfectly able to work but that the only reason why he was unable to do so was because he was incarcerated in jail because of various drug convictions. Through the utilization of expert testimony and the ability to convince the Judge that a Safety Appliance Act Jury Instruction should be given, the case was ultimately settled for $423,000.00.

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The cases listed below are a small cross-sampling of the results our firm has obtained on behalf of Brotherhood of Maintenance of Way members.

A Maintenance of Way from California, suffered a herniated cervical disc while riding in a company vehicle that became involved in a collision. The defendant contended that the Plaintiff was inattentive at the time of the accident and further was exaggerating the nature and extent of his injuries. The defendant also contended that the Plaintiff underwent unnecessary surgery and was capable of mitigating his damages. Prior to our representation of the plaintiff, the defendant made no offer. His case was settled in excess of $900,000.00 as well as payment of all medical bills.

A 52-year old welder working for the Maintenance of Way Department in Oregon, suffered injuries to his shoulder, knee and leg when a rail that he was cutting sprung out and struck him. The railroad contended that he violated several safety rules and was guilty of a significant percentage of comparative negligence in that he failed to ascertain that the rail was properly secured before cutting it. We were able to demonstrate that the defendant had an unsafe and improper work method, failed to provide proper, safe and suitable tools, equipment and machinery, failed to provide a safe place to work and negligently failed to offer proper warnings to our client. Prior to our representation, our client was offered in the low six figures. Our office obtained a settlement for our client in the amount of $900,000.00 plus the payment of all medical bills.

A longtime Maintenance of Way worker from Yuma, Arizona was run over and killed by a speed swing being operated by a co-worker. The railroad contended that in direct violation of orders, the plaintiff walked behind the speed swing and into its path. The foreman, assistant foreman and speed swing operator testified on behalf of the railroad. Through extensive discovery we were able to prove that the speed swing did not have properly working mirrors or a sufficient warning system. Just prior to trial the railroad offered slightly under one million dollars, plus a substantial structured settlement for the children and widow which resulted in the family receiving a total guaranteed package worth several million dollars tax free. Prior to our representation of the family the railroad had offered only $50,000.00 to the family.

A longtime Trackman from California was killed when a truck that he was riding in collided with the overpass of a freeway bridge. The defendant contended that the decedent had failed to secure the boom to the truck bed and further failed to notice that it was extended into the air when he left the job site in violation of company rules. Consequently, the extended boom collided with the overpass bridge sending the truck careening into the pillar support of the bridge. Additionally, it was undisputed that the decedent had failed to wear his safety belt. Prior to our representing, the railroad offered the family approximately $150,000.00 less previously advanced burial expenses, stating that they should feel fortunate to receive that much because her husband was at fault for not securing the boom and not wearing his seat belt and he did not have many more years to work. The case settled for, again, just under one million dollars and a substantial tax free structured settlement worth several million dollars guaranteed was also obtained for the family members.

A Maintenance of Way trackman from California, who had only been working for the railroad for four months at the time of his accident, injured his back when he pushed a wheelbarrow grinder approximately twenty feet across the crossing and down alongside the track area. The plaintiff did not immediately claim injury or prepare an accident report, nor had the accident been witnessed by any co-worker. The defendant hotly contested liability and further claimed that the only reason the Plaintiff needed a spinal fusion was because of a long term pre-existing spinal condition that caused him to have an unstable back. Additionally, the defendant claimed that the Plaintiff had, in actuality, injured himself when he fell off of a scaffold when performing work for his own plastering business that he operated on the side. The case was settled for $700,000.00.

A 62 year-old Spanish speaking Maintenance of Way worker from California suffered a fracture of his right leg involving the tibia and fibula, caused by the rail moving and striking his leg. The railroad contended that he "placed himself in a hazardous position and failed to remain alert and cognizant of work being done. . . he placed his leg next to the rail during a time when movement of that rail was expected." Again, through extensive investigation and discovery conducted by our office, it was ascertained that the procedure that the carrier was utilizing at the time and place of the accident was improper and unsafe. Prior to our representation, the railroad made no offer. Our office obtained a settlement of $462,000.00 for the plaintiff.

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A 53-year old shopcraft worker from California was caused to fall in a pit in the Diesel Shop. The railroad contended that the accident was due to the negligence of the plaintiff. The plaintiff suffered serious internal and head injuries. Prior to trial, we negotiated a present value settlement in excess of $3,000,000.00, which also included payment of all medical bills. From a portion of that amount, after working many, many hours, at no additional fee, we obtained a specifically tailored structured settlement for the needs of our client and the protection of his family. Prior to our representation, there was no offer of settlement extended to him from the railroad.

A Shopcraft worker and assistant foreman from California was injured when he was attempting, with the help of a co-worker, to place a suction hose into a pit, and slipped and fell into the pit, suffering severe spinal injuries. The railroad contented that he was not paying attention to where he was walking, that he pushed the hose too hard without properly notifying the co-worker, and a supervisor, if he needed additional help or equipment he simply could have asked for it. Through the deposing of various witnesses, the utilization of experts which included the plaintiff a videotape re-enactment of the accident, the case was settled just prior to the start of the trial for $950,000.00 including a structured settlement that paid $1,500.00 per month for life.

A shopcraft worker from California and local chairman was injured when he tripped and fell on a trailer while unloading wheel motor assemblies. The railroad initially contended he was significantly at fault because he failed to look where he was going and, further, neglected to use a flashlight to look over the work area. He underwent spinal surgery to the lumbar-sacral area. The railroad contended that he had, in fact, suffered the lumbar disc injury in a prior injury which had been settled on the basis that according to his physician in the prior case involved a "herniated disc". The herniated disc in the prior accident was at the exact same level as the herniated disc in the accident we represented him on. He received no offer from the railroad prior to our representation, however, we were able to obtain a settlement of $692,000.00, plus the railroad agreeing to apportion and pay in monies to allow him to attain 240 months of service. Additionally, a structured settlement was also included in the settlement to further add security and protection for himself and his family.

A signal foreman from California suffered the first injury to his low back when, with the help of another co-workers, securing an approximately 60 lb. signal unit to the pole, he did not report this accident, nor did he receive any medical treatment. The Plaintiff's second accident occurred when he and four other co-workers were moving an approximately 250 lb. signal switch. The railroad contended that the Plaintiff, who was the foreman, was the cause of his accident because he felt ne needed more help or equipment to assist in performing the job, all he had to do was ask for it. Plaintiff eventually underwent fusion which, the defendant contended, was the result of a pre-existing congenital condition. Prior to our representation, our client had "worked" with the Claims Department for three years, eventually only being offered $200,000.00 less all company advancements and liens. His case was settled by our law firm for $665,000.00 with a structured settlement plus the payment of all medical bills.

A Heavy Equipment mechanic/machinist attached to the shops, suffered a serious lumbar disc injury and trauma to the chest when a portion of the hi-rail from a company vehicle that he was working on came loose and struck him causing the aforementioned injuries. The Railroad contended that the accident was the Plaintiff's fault because he had failed to properly secure the hi-rail attachment by chain or by placing jackstands prior to working under it in direct violation of company rules. Through extensive investigation and pre-trial discovery conducted by our office, it was determined that the work method and conditions employed by the Railroad to accomplish this task was inherently unsafe and as such should have warned the Plaintiff of same. His case was settled for the sum of $600,000.00 plus the payment of all medical bills.

A shopcraft worker from California was injured when he was sprayed in the eyes with diesel fuel when a gasket on a fuel pump broke. The Railroad contended that the Plaintiff had failed to properly and safely position himself prior to pumping the fuel and that he was not wearing his safety glasses. The Railroad's medical trial expert contended that the fuel could not have cause the type of damage to the eyes which the plaintiff has contended he experienced. Our firm, through extensive investigation, reading all available medical and chemical literature as well as the retention of top flight medical experts, were able to prove that not only the fuel but the NALCO additive contained extremely harmful and dangerous components that were extremely harmful to the eyes. Additionally, we were able to demonstrate that the fueling system violated OSHA standards. He was offered less than $25,000.00 prior to our representation. His case was settled for $485,000.00.

One of the cases was a result that I am very proud of involved a locomotive engineer from California who was sued by the railroad for causing an accident that resulted in the carrier having to pay several millions of dollars to two co-workers. If he were to have been found liable for the damage to the locomotives and cars, he would have lost his house, his possessions and had his salary garnished essentially for life. At no cost to him, I undertook his representation and obtained a complete dismissal of all claims as well as a waiver of costs by the railroad. Although our firm received no compensation for this undertaking, we were able to stop a tremendous injustice from happening to a railroader personally and to all railroaders in general in that it was the railroad's plan to intimidate their employees from bringing legitimate claims under the FELA by initiating such lawsuits.

The purpose of mentioning all of the aforementioned case results is to demonstrate that our law firm has, over the years, consistently undertaken a variety of diversified types of cases involving different crafts, different factual situations, different medical injuries against different railroads and brought them to a successful conclusion.