Facts

Shawn Gray filed a lawsuit against Union Pacific Railroad in connection with a railroad accident.

PLAINTIFF'S CONTENTIONS:
On June 23, 2011, while working as a switchman for Union Pacific, plaintiff lifted a cut lever to split up the cars, but it broke down and made him become unstable. Gray contended that the walkway had not been kept in good condition and made him lose his balance, fall onto the floor and suffer injuries. He alleged that the walkways had broken asphalt as well as rocks on it, which made it dangerous for him. Specifically, he argued that defendant violated the Federal Employers Liability Act, Federal Safety Appliance Act and General Order 118 of the California Public Utilities Commission.

DEFENDANT'S CONTENTIONS:
Defendant rejected each of plaintiff's contentions, alleging that General Order 118 did not cover the claims, there was no Federal Safety Application Act violation and that the cut lever was working properly.

Settlement Discussions

Plaintiff demanded $2.5 million and the defense offered $50,000.

Damages

Plaintiff requested $150,000 in future medical expense, $3.5 million for his pain and suffering and $1.8 million in lost wages.

Injuries

Gray suffered a herniated disc at L5-S1. He underwent epidural injections, discectomy, physical therapy and chiropractic care.

Result

The jury awarded Gray $1.25 million, which was reduced to $937,000, given that it determined Gray was 25 percent liable for his injuries.

Other Information

FILING DATE: June 19, 2012.

Deliberation

five days

Length

six weeks