Rosendale McMackin v. Union Pacific Railroad
Published: Mar. 19, 2011 | Result Date: Oct. 11, 2010 | Filing Date: Jan. 1, 1900 |Case number: 0904-05549 Verdict – $1,795,230
Facts
On Feb. 20, 2008, Rosendale McMackin was working as a conductor onboard a Union Pacific Railroad (UPRR) freight train when he was injured after the train stopped suddenly due to a defect in its air brake system.
McMackin filed suit against UPRR, alleging violations of the Federal Employers Liability Act.
Contentions
PLAINTIFF'S CONTENTIONS:
McMackin contended that a defective air valve in a railcar near the rear of the train initiated an undesired emergency brake application.
DEFENDANT'S CONTENTIONS:
UPRR admitted liability, but alleged McMackin did not suffer any significant or lasting injuries.
Injuries
McMackin sustained injuries to his back and shoulder, undergoing surgery.
Result
The jury rendered a verdict for McMackin, awarding him $1,795,227.
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