FELA
A Union Pacific Water Service Supervisor with well over twenty years of service suffered a back sprain after lifting a heavy air conditioner unit. The plaintiff's medical records stated that the injury occurred at his home. Additionally the records contained years of treatment for his back which was not connected to the accident at the railroad. The defendant railroad took the position that plaintiff's back problems were caused entirely by inherited degenerative arthritis and that lifting air conditioning units were a normal part of his work duties. No back surgery.
Settlement: $450,000 plus payment of all past medical bills and allowance for future medical bills.
A conductor was struck by a truck traveling approximately 5 miles per hour. The worker fell in a twisting motion but did not hit the ground. The injured Railroader suffered a back sprain and had a tear to his knee ligament which required arthroscopic surgery. After returning to work for some time, the back pain worsened. Eventually he needed back surgery. The railroad's position was that the minor impact with the truck could not have possibly caused the knee injury much less the back pain or resultant surgery. The railroad further contended that he would have had to have back surgery eventually and that the injuries he suffered were a result of playing sports. Settlement: $400,000 and payment of all medical bills.
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