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Torts
Negligence
Locomotive Inspection Act

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)

John Furstenthal


Defendant

William H. Pohle Jr.

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.


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