Facts

Douglas Smesrud, a railroad conductor, was walking in a dark, unlit area along the mainline tracks when a piece of rebar protruding from the ground impaled him. He fell as his body twisted, which caused further injuries to his right knee and lower back.

He sued Union Pacific Railroad Co. for Federal Employer's Liability Act violations as well as for strict liability under the California Public Utilities Commission, General Orders 118 and 26-D, which required that walkways and areas alongside tracks be reasonably safe and free of hazardous debris.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was negligent for failing to properly inspect the area, identify and remove the rebar that injured him. Plaintiff further contended that defendant, in its post-accident investigation, found numerous other rebars sticking out of the ground in a 13-mile stretch of the tracks. Plaintiff claimed that the California Public Utilities Commission General Orders 118 and 2G-D applied to the area in which he was required to work and that the railroad violated such provisions by having said rebar in the walkway.

Damages

Smesrud could not return to work as a conductor due to restrictions and limitations placed upon him. He sought past and future lost earning capacity. He also sought future medical costs. Union Pacific disputed the necessity of his surgeries and his claims for lost earnings and medical costs.

Injuries

Smesrund presented to the emergency room. He sustained a puncture wound to his right knee and an acute contusion. He underwent debridement of his right knee. He noticed severe lower back pain the following day and treated with a general practitioner and an orthopedist who diagnosed him with a bulging lumbar disc. He complained of worsening and radiating pain to his right leg and underwent physical therapy as well as lumbar epidural injections. The pain continued, and he underwent a lumbar discectomy and a fusion. The surgery was unsuccessful necessitating a second fusion surgery. He developed an infection and was scheduled to undergo a radio frequency ablation for the pain.

Result

The judge issued a directed verdict and found Union Pacific in violation of the General Orders. The jury thereafter unanimously found Union Pacific negligent and the cause of Smesrud's injuries. He was awarded $1,396,841 in total damages.

Deliberation

two days

Poll

12-0 (liability)

Length

seven days