Facts

Burley Tompkins sued Union Pacific Railroad Co., in connection with an alleged railroad accident that occurred in June 2011.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a train engineer for defendant, while making his second trip back an emergency stop occurred. The emergency stop caused a slack action, causing him to be thrown around inside the car. Consequently, he injured his spine, requiring surgeries. Plaintiff also alleged a prior incident that occurred in 1998 in the rail yard, but failed to report because his manager threatened to fire him.

Plaintiff sued defendant for alleged violations of the Federal Employer's Liability Act, the Locomotive Inspection Act, and the Safety Appliance Act, as well as violations of federal regulations. Plaintiff alleged defendant failed to provide a reasonably safe workplace. Plaintiff also claimed there was a defect in the train that caused it to stop suddenly.

DEFENDANT'S CONTENTIONS:
Defendant claimed the train stopped due to an unforeseen anomaly. The emergency braking was a safety precaution and that there was no evidence of any federal law violation. Defendant disputed plaintiff's claimed injuries.

Injuries

Tompkins injured his spine, which required a lumbar fusion and other procedures. Tompkins claimed he could no longer work. Defendant contended that plaintiff's back condition was the result of preexisting injuries, including an off duty gym accident that occurred in April 2010.

Result

The court dismissed Tompkins's 1998 incident and the matter went to trial only as to the 2011 incident. The jury ultimately rendered a defense verdict.

Other Information

FILING DATE: June 1, 2012.