T.H. Lyda, Dan Hampton, and Burns White’s Railroad Practice Group recently received a defense verdict in a multi-million dollar ride-quality case on behalf of a Class 1 railroad client. Plaintiff was a 54-year old locomotive engineer claiming injuries under the Federal Employer Liability Act (FELA), and violations of the Locomotive Inspection Act due to whole-body vibration exposure, and loose, wobbly and poorly designed and maintained locomotive seats during his 24 year career at the railroad. He underwent two back surgeries, including a multi-level lumbar spinal fusion, and had lost wages and incurred medical expenses greater than $1 million dollars. Plaintiff’s counsel asked for $2.5 million during closing argument. After three hours of deliberation, the jury returned a verdict in favor of the railroad on all claims. Local counsel for the case, which was tried in Clay County, Missouri, was Dan Church of Morrow Willnauer Church.
