Facts

Plaintiff David Arizaga was injured when a steel beam fell from his grapple truck and struck him in the head as he was in the process of unloading a guardrail from the truck bed. The incident was unwitnessed and further complicated by the fact that Arizaga had a poor memory of the details of what had occurred.

Arizaga filed suit against his employer, BNSF Railway Co.

PLAINTIFF'S CONTENTIONS: Arizaga contended that his employer failed to provide him with a safe grapple truck and a safe place to work. He further contended that his employer was negligent in its inspection procedures pertaining to the grapple truck.

DEFENDANT'S CONTENTIONS: BNSF Railway contended that the incident did not occur in the manner in which Arizaga claimed. The company also disputed the nature and extent of Arizaga's injuries and claimed he had the ability to return to work as a Maintenance of Way worker for the company.

Settlement Discussions

Defendant made a pre-trial offer of $50,000.

Specials in Evidence

Loe: $182,000 Future Loe: $500,000 Future Meds: $400,000

Damages

Plaintiff alleged general damage, future medical expenses, past wage loss and loss of earning capacity.

Injuries

Plaintiff sustained a concussion, a spiral fracture to his right lower extremity and injuries to his neck and back.

Result

Plaintiff's verdict for $1,632,000.

Deliberation

2.5 days

Poll

12-0 (negligence); 12-1 (causation); 12-0 (harm); 0-12 (comparative negligence)

Length

3.5 weeks