Robert C. Conley v. Union Pacific Railroad Company
Published: Nov. 28, 2009 | Result Date: Oct. 23, 2009 | Filing Date: Jan. 1, 1900 |Case number: 2:04-cv-01970-FCD-GGH Verdict – $1,284,530
Court
USDC Eastern
Attorneys
Plaintiff
Anthony S. Petru
(Hildebrand, McLeod & Nelson LLP)
Defendant
Brian W. Plummer
(Bretoi, Lutz & Stele)
Facts
Robert Conley worked as brakeman and claimed he sustained respiratory injuries when a locomotive that he worked on caught on fire. Conley sued Union Pacific Railroad Co. claiming negligence.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that defendant violated the Locomotive Inspection Act in that the locomotive was unsafe and defective within the meaning of the act. As a result, plaintiff claimed that he was exposed to toxic fumes, which he breathed in during the fire. These fumes damaged his lungs and his sinus tracts.
DEFENDANT'S CONTENTIONS:
The defense denied that a fire occurred and asserted that Conley developed restrictive airway disease from causes unrelated to the fire.
Injuries
Conley suffered injuries to his nose, sinuses, and airways; restrictive airway disease.
Result
The jury awarded plaintiff $1,284,527, which consisted of $400,703 in lost earnings and benefits, $53,425 for lost earning capacity, $195,524 for past physical pain and suffering, $250,000 for future physical pain and suffering, $100,800 for future medical expenses, $120,750 for past mental suffering, and $163,325 for future mental suffering.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390