Facts

Juan Estrada sued BNSF Railway Co.

PLAINTIFF'S CONTENTIONS:
Plaintiff, a trainman for defendant, was working at the "Mormon Yard" in Stockton when he stepped into a hole in a walkway at the railway. Plaintiff injured his left ankle as a result, and sued defendant for premises liability. Plaintiff accused defendant of negligently maintaining the premises, arguing that the lack of lighting and unsafe walkway created a dangerous condition. Plaintiff alleged that defendant was fully aware of the poorly maintained walkways.

DEFENDANT'S CONTENTIONS:
Defendant contended it was not negligent. Defendant contended the California Public Utility Commission walkway standards, General Order 118, did not apply to the area where plaintiff was injured, so the subject area did not require a "walkway;" defendant won a nonsuit motion on that claim. Defendant further contended the area where plaintiff was injured was reasonably safe had plaintiff exercised care while walking, including using his employer-provided lantern. Defendant argued it was not negligent because it provided plaintiff a reasonably safe workplace.

Injuries

Estrada tore a ligament in his ankle and underwent surgery to repair it. Despite the surgery, plaintiff claimed he continued to experience chronic pain, bone issues, swelling and other symptoms. He underwent a second surgery to repair it, but claimed he continued to experience problems.

Result

The jury found both parties partially at fault for the accident. It attributed 80 percent of fault to BNSF and the rest to Estrada. It then awarded him $3,508,383 in damages, which included $208,383 for past economic loss for wages and fringe benefits, $350,000 for past non-economic, pain and suffering damages, $1.75 million in future pain and suffering, and $1.2 million for loss of earning capacity. The award was reduced to $2,806,706 based on Estrada's comparative fault.

Deliberation

two days

Length

two weeks