WHAT HAPPENED: Our client was a freight locomotive engineer who suffered a first injury when he was requested to move an extremely heavy metal panel on the exterior of a freight locomotive. Our client continued to work with shoulder pain and suffered a subsequent injury when a crew member failed to operate a switch, causing a collision between his train and a standing rail car. Ultimately he underwent surgery to repair a torn glenoid labrum. Our client was left with permanent restrictions, including the inability to return to work as an engineer. To try to improve his vocational future, our client registered for college with plans to begin a career in teaching, with a much lower salary than he was earning as an engineer.
KEY LEGAL STRATEGY: In early negotiations with the railroad, our firm proved the railroad was clearly liable under various federal regulations. Ultimately, the railroad defendant admitted its liability for causing our client's injuries. Accordingly, the case went to a jury trial solely on the issue of what was fair compensation to our client. An economist expert was retained by our firm. He gave opinions that our client's earnings/wage losses were over $700,000.00, before the jury even considered other damage issues.
COURT/DATE: Jacksonville, FL (State Court) 2001
STAFF: Firm Attorney Heywood & Caryn Proctor, Investigators Donald Case, Investigator Rosalyn Hughes, Paralegal Sherri Wells, Legal Secretary