Facts

On Sept. 7, 2003, two Union Pacific Railroad Company trains collided in a remote area near Beaumont, California. Union Pacific called Hulcher Services, Inc., an independent company which specializes in the clean up of railroad derailments, to clear the tracks and re-rail the cars. James Collins was an Assistant Manager for Hulcher and one of Hulcher' crew members who responded to Union Pacific's request for the clean up. While transporting Hulcher's equipment to the derailment site with his co-workers, Collins was injured when a block from a tractor, operated by a co-employee of Hulcher, fell on him. The accident occurred two miles away from the derailment site and on a public roadway.

Collins filed a workers' compensation claim against his employer, Hulcher, for his injury. Two years after he returned to work, Collins also filed a complaint for negligence against Union Pacific under the Federal Employers Liability Act (FELA) for damages, claiming that he was a "borrowed" employee of Union Pacific at the time of the accident. Thus, he alleged he was entitled to seek FELA benefits.

Damages

Collins sought $351,157 in medical expenses and $230,000 in loss earnings. He filed a workers' compensation claim and received $263,696, of which $36,500 constituted payment for future medical care.

Injuries

A 300-pound metal hook block fell on Collin's head, shattering his hard hat. He woke up five weeks later at the hospital following the accident. He suffered from severe permanent facial injuries to his forehead and jawbone, as well as to the orbit of the eye. One side of his face had to be completely rebuilt using bones from his hip. He lost all of his teeth, sustained three broken ribs, shoulder, and multiple wrist injuries, and a punctured lung. He suffered with memory, sleep and concentration problems, constant and severe head and neck pain, and numbness of the mouth.

Result

The jury rendered a verdict in favor of Collins and awarded him more than $3.9 million in damages, which included $132,583 for past lost earnings; $137,911 for past medical expenses; $75,000 for future lost earnings; $100,000 for future medical; $1.75 in past non-economic damages; and $1.75 in future non-economic damages. Collins accepted a remittitur in the amount of more than $2.6 million after the Union Pacific's motion for new trial was granted.

Other Information

Union Pacific filed an appeal, contending that California's Workers' Compensation Act provides an exclusive remedy which bars Collins' FELA action and, thus, Collins is not entitled to a double recovery. Collins cross-appealed. The appeals are currently pending.