Facts

David Martin sued BNSF Railway Co. for negligence and strict liability. Martin and the engineer operating the locomotive lost communications with one another. Martin was outside of the rear locomotive, which was pushed by other locomotives, and because of the loss in communication, he could not warn the engineer of an impending collision with a stationary set of four locomotives. As a result, he had to jump from the locomotive he was riding before it collided with the other locomotives.

PLAINTIFF'S CONTENTIONS:
Martin claimed that the severe right foot injury he suffered was the direct result of violations the Federal Locomotive Inspection Act and Federal Railroad Radio Communication Rules.

Injuries

Martin's right foot was severely injured and it may be necessary to amputate this foot. The defense denied any medical need for amputation.

Result

The jury awarded Martin $4.9 million in damages. The award was split up so that most of it will compensate Martin for his future medical needs as well as his past and future pain and suffering. Railroad workers were not covered by workers' compensation.

Deliberation

1.5 days

Length

10 days