Grand Rapids, Michigan | $1,068,750| FELA
A CSX railroad employee suffered crush injuries when the hopper car he was working under fell on him. Plaintiff blamed unsafe working conditions, which defendant denied. Plaintiff pursued claims under FELA. A federal jury in Grand Rapids returned a verdict for plaintiff in the amount of $1,425,000, less 25% comparative negligence.
Plaintiff, Reginald Booker, was a long-term employee of Defendant CSX Transportation.On September 18, 2003, he was working as a car man in its Grand Rapids railyard. Plaintiff and his co-workers were repairing a hopper car and jacked it up about four feet. Plaintiff was then able to sit under the car to perform the repairs. The car had two "pockets" under the car. At the same time plaintiff stood up, the jack tipped toward the dirt and rail, causing the car to slip off the jack. Plaintiff was pinned beneath one of the pockets. His back and pelvis were crushed.
Plaintiff alleged he had been working on the car for an hour, along with his supervisor and another employee. They were told they were doing a good job before the car fell and nothing had been said to them about the positioning of the jack or where it had been placed on the ground. Plaintiff alleged that the jack and the stand failed and that defendant failed to properly supervise the repair work. Plaintiff also claimed the jack was properly placed but, if it was not, the supervisor failed to inform him of such. Further, he claimed he had been jacking up cars for years and had never been told there was anything wrong with his technique. A defense witness testified that the jack was in the appropriate place at the time plaintiff was working on the car. Plaintiff further maintained that his injuries totally disabled him from working, and he required continuing psychological treatment and medication. Steven L. Kantor Esq. requested that Mr. Ballow act as trial counsel for the plaintiff.
