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This is a list of our firm's case results. We can't guarantee you'll receive the same results, but we can guarantee we'll work tirelessly on your behalf and try to obtain the jury verdict/settlement you deserve.

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Brain Injury To Railroad Engineer Caused By Exploding Valve on Engine (verdict)

Brain Injury /Railroad Engineer / Exploding Valve Strikes Head – Verdict

Court:/Date: State Court, West Virginia 2001

Law firm staff:

Richard N. Shapiro, Esquire

Other Firm Attorney

Donald Case, Investigator

What Happened:

A CSX locomotive engineer was working on a railroad engine when a valve on the engine suddenly exploded hitting him right in the head/skull. After being treated routinely by various doctors, it was suspected that he suffered a closed head/brain injury, and he was referred to a specialist called a neuro-psychiatrist. The neuropsychiatrist diagnosed the engineer with a mild traumatic brain injury.

Key Legal Strategy:

Although the engineer suffered a clear contusion in the area where the valve exploded and struck him in the head, our mission was to prove and medically document that he suffered a traumatic brain injury (TBI), as the subtle effects of brain injury can be devestating to a family, but hard to prove in court. In order to do so, we consulted with the treating neuro-psychiatrist who did a battery of testing and evaluation on the engineer before coming to the diagnosis of the mild traumatic brain injury in this engineer. Also, our law firm retained an expert in the field of biomechanical engineering in order to analyze the speed/velocity with which the valve had blasted into the engineer’s head/skull area causing injury. Further, the exploding valve was a locomotive/engine malfunction, which is a violation of the Federal Locomotive Inspection Act (LIA). We were able to prove that the explosion was a statutory violation of this Act.

As occurs in many brain injury cases, evidence of a brain injury did not show up on MRI or any other imaging type of medical tests, but the result of the comprehensive clinical medical testing was that our client/engineer clearly suffered a mild traumatic brain injury. The challenge of this case was that the railroad contested that any brain injury occurred, and also hired private investigators to obtain videotape surveillance of the engineer, engaging in some activities of routine daily living. While this videotape/surveillance did not show anything alarming, it was designed to simply show that the engineer could conduct normal daily activities and was not suffering obvious deficits of function. However, with mild TBI cases, memory can be effected and cognitive function as well—this means the person can function in many activities fine, but the memory or “executive” and cognitive brain function is impaired. All of these impairments present special challenges to prove at trial.

The engineer was medically disqualified from his engineer job, and was granted Rairoad Retirement Benefits (like social security disability benefits). At trial, evidence of his receipt of RRB benefits was not admissible evidence.

The Results:

The state court jury returned a verdict of $365,000 for the railroad engineer.

Note: for another major brain injury case verdict involving our injury law firm (Record Virginia Verdict) click here .

Awarded: $365,000.00

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Offices

Main VA Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042

Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162

North Carolina Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Toll Free: 1-800-752-0042

Case Results

DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.