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Personal Injury
Truck Accident
FELA

Eric Doi v. Union Pacific Railroad Company

Published: Jan. 24, 2009 | Result Date: Oct. 31, 2008 | Filing Date: Jan. 1, 1900 |

Case number: KC051273-R Verdict –  $48,493,100

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Donald S. Britt

John Gilbert


Defendant

William H. Pohle Jr.

Adrian L. Randolph


Facts

On July 7, 2007, Robert Torres and Eric Doi, both Union Pacific Railroad employees, were in a Union Pacific-owned truck traveling in Tucson. Torres, the driver, lost control of the truck, which turned over. As a result, Doi suffered injuries that left him a quadriplegic. Doi sued Union Pacific pursuant to the Federal Employers Liability Act.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the accident occurred within the course and scope of his employment. Plaintiff claimed that the employees were returning from a trip to Wal-Mart, where they bought drinks in order to stay hydrated so that they could continue to work on the railroad tracks.

DEFENDANT'S CONTENTIONS:
Union Pacific asserted that the employees were on a personal errand when the accident occurred.

Settlement Discussions

The defendant offered $750,000.

Result

The jury awarded Doi $48,193,126.

Poll

12-0 (that the accident occurred during the normal scope of Doi's job)


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