$1,998,137.00 2022 trial verdict for an in service BNSF Maintenance of Way employee in Fresno, California.
On August 17, 2017 the Plaintiff was riding as a passenger in a BNSF boom truck when the hydraulic line underneath the truck burst causing flames to engulf the passenger side of the truck where the Plaintiff was sitting. He was unable to exit the truck on his side because of the flames so he crossed over to the driver's side to utilize that side for his exit from the truck. While attempting to do so under harrowing conditions his foot caught in something by the central console of the truck causing him to fall out of the truck to the ground below thereby sustaining significant injuries to his left shoulder, left hip, and both knees. Plaintiff contended that BNSF among other failures negligently failed to maintain the truck in a reasonably safe condition. BNSF contended that they had properly maintained the vehicle. At the time of the trial Plaintiff had previously returned to full duty. Prior to trial Plaintiff made an in-service demand of $1.6 million. BNSF offered $450,000. Defendant paid the full verdict and Plaintiff continues to work at BNSF in his pre-injury occupation.
$1,632,000.00 trial verdict for a BNSF Maintenance of Way worker in San Bernardino, California in 2019.
On September 2, 2015 Plaintiff, a forty-two year old Maintenance of Way worker was in the process of unloading a guardrail from the flatbed of a grapple truck when a 83 pound rail rack fell from the truck and struck him.
The plaintiff contended that the rack did not contain safety pins to prevent the dislodgment of the rack which struck him. Defendant denied the accident happened the way the plaintiff did. The accident was unwitnessed. The plaintiff claimed injuries to his right ankle and lower back, as well as a concussion. Eventually, plaintiff underwent surgeries to his right ankle and lower back. The railroad agreed the plaintiff injured his ankle, but disputed the rest of his injuries. BNSF argued that the plaintiff could return to work for the railroad.
BNSF offered $50,000.00 prior to trial. After a four week trial the jury returned a verdict of $1,632,000.00 and found no fault on the plaintiff. Kaplan Law Corporation, Jarod A. Krissman.
$6,750,000.00 settlement including waiver of a substantial worker’s compensation lien for a worker who suffered significant burn injuries to various portions of his body in a fire at an oil refinery.
$6,500,000.00 settlement for a 67 year old plaintiff who was involved in a serious motor vehicle accident caused by the negligent driving of a hotel courtesy shuttle/van driver. The plaintiff suffered severe injuries resulting in the need for multiple surgeries. Intensive litigation, accident reconstruction, and life-care planning were all important in bringing the case to a proper resolution.
$4,500,000.00 settlement for a Jones Act-Maritime case. At the time of his accident, plaintiff was 37 years old and was working as a mate aboard a tug boat when suddenly and without warning a line whipped across the vessel and while attempting to get out of the way of the line, his left foot got caught on the deck cleat causing him to fall to the deck. This resulted in the line catching his other leg with significant force and thereby causing severe injuries. The injury to his leg resulted in the need for multiple surgeries. Defendant contended that the plaintiff was comparatively negligent for not following proper safety and Coast Guard procedures.
$1,750,000.00 settlement with BNSF for a locomotive engineer who suffered a lumbar spine injury requiring surgery after a chair collapsed while the train was underway. The defendant contended that the plaintiff failed to properly inspect the seat before sitting in it. Additionally, the defendant claimed that plaintiff’s injuries had healed sufficiently enough for him to return to work, but the reason he did not do so was because he suffered from a unrelated dependency on pain medication. Kaplan Law Corporation, Joel Krissman.
$1,500,000.00 including a waiver of a Worker’s Compensation lien. The plaintiff was an employee of a contractor who provided construction services for Union Pacific Railroad. The plaintiff was injured when the forklift operator, who was also employed by the same contractor as the plaintiff, caught the forks of the forklift on the railroad tracks which caused a solid steel angle bar that was not properly secured on top of rail panels that were being transported on the forklift to be propelled in the air and strike the plaintiff with significant force. The plaintiff suffered a fractured jaw, broken teeth, a cervical spine injury and head injury.
$1,000,000.00 settlement for a plaintiff who worked for Union Pacific Railroad, but was injured in a non-railroad related accident. The plaintiff was injured when he exited his vehicle that was on a tow truck and fell to the ground. The defendant contended that the plaintiff exited his vehicle without being told to do so and started walking without paying attention to his surroundings and therefore fell off of the truck onto the ground. The plaintiff who had a long pre-existing history of spinal problems and surgery, required further surgery as a result of the fall. The defendant contended that the spinal problems necessitating the surgery were pre-existing and pre-accident and that he merely suffered, at most, a simple aggravation of a pre-existing condition. Ultimately, the defendant agreed to tender their full policy of $1,000,000.00. Kaplan Law Corporation, Joel Krissman.
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