Facts

Plaintiff Sandeep Sidhu, a 37-year-old railroad trainman put his hand on gate while exiting from Frank-Lin Distillers Products, an industrial premises. Union Pacific Railroad Company's train tank car ladder caught the gate crushing plaintiff's hand.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the premises owner breached a non-delagable duty to inspect, maintain, and repair the gate, that the Union Pacific Railroad failed to provide a safe work site, and that West Coast Fence Co. was negligent in design, installation, and repair work on the gate. Plaintiff contended a train tank car ladder caught the hazardous gate, crushing plaintiff's hand, nearly severing three fingers.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was at fault for placement of the gate, placing his hand on the gate and turning his back on a moving train.

Damages

Plaintiff requested $8.5 million, of which $5 million was for future pain and suffering.

Injuries

The incident injured plaintiff's three fingers resulting in six surgeries and permanent injury.

Result

Plaintiff's verdict for $522,909 net ($368,223 from Frank-Lin Distillers; $154,686 from Union Pacific Railroad). Defense verdict for West Coast Fence.

Other Information

The jury found plaintiff 75 percent negligent; Frank-Lin Distillers 15 percent negligent; and Union Pacific Railroad 10 percent negligent. FILING DATE: Aug. 5, 2009.

Deliberation

six hours

Poll

10-2 (future pain and suffering), 10-2 (plaintiff's comparative fault)

Length

five weeks