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NO FLASH DETECTED 
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Case Description:
Verdict: $4,000,000
Case: Railroad Engineer v. Railroad Company
Court: 11th Judicial Circuit, Miami-Dade County, Florida
Judge: Scott J. Silverman
Date: August 31, 2007
Plaintiff Attorneys: Eric D. Holland, Esq., Holland, Groves, Schneller & Stolze, LLC, (St. Louis, MO), and David Rash, Esq., ABBRC
Defense Attorneys: Kenneth W. Waterway, Esquire Gordon Hargrove & James, P.A.
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Facts And Allegations
On November 6, 2005, Plaintiff, a Railroad Engineer, was in the scope and course of his employment with the Railroad Company when a defective coolant hose exploded, scalding him with hot fluid and knocking him off the engine walkway to the ballast and railway line below. Serving as Local Counsel for a nationally recognized firm from St. Louis, MO, AABRC alleged the Railroad Company violated the Federal Locomotive Inspection Act by not maintaining its engine properly and failed to provide the Railroad Engineer with a safe workplace. Plaintiff could not work as a locomotive engineer anymore as a result of his injuries. The Railroad Company argued that Plaintiff exaggerated his injuries and was not forthright about pre-existing conditions, such as injuries to his shoulder. The Railroad Company obtained numerous hours of surveillance video of Plaintiff, but was unable to establish any of its claims of exaggeration or lack of honesty. The Railroad Company argued Plaintiff had recovered sufficiently and had good employment prospects.
Injuries & Damages
Plaintiff suffered second-degree burns over 7 percent of his body including his left arm and abdomen, spinal injuries and injuries to his right knee. Damages included lost wages, loss of future earnings, past and future medical bills and past and future human damages.
Result
The court directed a verdict on liability ruling that the Railroad Company violated the Federal Locomotive Inspection Act leaving only the issue of damages for the jury to consider. The jury awarded Plaintiff $4 million in total damages. The parties settled the case before the Railroad Company filed an appeal.
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David Rash (View Profile)
