



COURT/DATE: Jacksonville, FL (State Court) 2001 HS STAFF: Firm Attorney Heywood & Caryn Proctor, Investigators Donald Case, Investigator Rosalyn Hughes, Paralegal Sherri Wells, Legal Secretary WHAT HAPPENED: TA was a 57 year old 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. TA 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. TA was left with permanent restrictions, including the inability to return to work as an engineer. To try to improve his vocational future, TA registered for college with plans to begin a career in teaching, with a much lower salary than he was earning as an engineer. KEY HSCL LEGAL STRATEGY: In early negotiations with the railroad HSCL proved the railroad was clearly liable under various federal regulations. Ultimately, the railroad defendant admitted its liability for causing TA's injuries. Accordingly, the case went to a jury trial solely on the issue of what was fair compensation to TA. An economist expert was retained by HSCL. He gave opinions that TA's earnings/wage losses were over $700,000.00, before the jury even considered other damage issues.
Awarded: The Jacksonville, Florida State Court jury returned a $978,000.00 verdict in favor of TA against the railroad.
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Awarded: The Jacksonville, Florida State Court jury returned a $978,000.00 verdict in favor of TA against the railroad.
Awarded: Several days before court-ordered mediation, the parties arrived at a settlement of $950,000.00.
Awarded: The case was settled for $900,000
Awarded: The case was settled at mediation for $700,000.00
How is the FELA different from, or similar to, workers compensation?