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Personal Injury
Worksite Accident
Negligence

Todd Ostrovsky v. Union Pacific Railroad Co.

Published: Jun. 29, 2013 | Result Date: Jun. 10, 2013 | Filing Date: Jan. 1, 1900 |

Case number: A-10-615288 Verdict –  Defense

Court

Clark County District, Nevada


Attorneys

Plaintiff

John L. Hunter


Defendant

Anthony S. Petru
(Hildebrand, McLeod & Nelson LLP)


Facts

Todd Ostrovsky was employed by Union Pacific Railroad Co. as a system laborer. While at work on Oct. 21, 2009 in Helper, Utah, he suffered an injury. Ostrovsky filed suit against Union Pacific to recover for the injuries he suffered.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he seriously injured his back after he fell from a section truck at defendant's work site due to defendant's negligence. He claimed that he fell backward to the ground as he dismounted the truck and hit his backside on the hitch of the truck in doing so.

DEFENDANT'S CONTENTIONS:
Defendant disputed the credibility of plaintiff concerning his health problems, noting that health records did not support the claim that he fell. Defendant also argued the surveillance showed plaintiff lifting and moving without difficulty after the alleged accident.

Damages

Plaintiff sought $8.8 million.

Injuries

Ostrovsky required several surgeries for his injuries.

Result

The jury's verdict favored the defense.


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