Case Description:

Train Yard Accident/Catastrophic Trauma-Multiple Limb Paralysis/Rail Brakeman

Court/Date:

Richmond Circuit Court, Virginia, 1997

Facts:

My client was a rail brakeman/conductor with over 25 years experience working in a yard at night.  While directing and observing the movement of his own train on one track, he was suddenly struck without warning by a single locomotive moving in another direction on the adjacent track. His multiple traumas also involved paralysis of all his limbs. Heroic medical efforts saved his life.  My client knew nothing besides that he had been dragged by a locomotive and the railroad denied all responsibility.

Eddie Wilson interviewed present and former railroad workers having knowledge of the yard's operations and particularly focused on the following: (1) A comprehensive site inspection of the yard with a team of experts on sound, lighting, accident reconstruction, and rail operations; (2) Mr. Wilson analyzed electronic signal reports in the possession of the railroad and isolated the speed of the locomotive, which struck our client, at much higher than the prescribed yard speeds for such engines; and, (3) Mr. Wilson retained an expert on lighting and human perception-who was partly responsible for designing the Tomahawk Cruise Missile Guidance system, and also created a computer simulation recreating what caused my client’s injury.

Trial:

After denying responsibility for many months, days before the scheduled jury trial the case settled.  The settlement included monies that would take care of my client’s medical expenses, home health nursing needs, special wheelchair equipment for a van, and monies to build a special home to meet his particular needs.  Precise settlement terms were confidential-it was reportedly the largest voluntary settlement ever paid by the railroad to an FELA Plaintiff as of the settlement date.

Verdict/Settlement:

Confidential Settlement