Notable FELA Verdicts and Settlements

$19,170,000

The worker was employed as a carman for Central Railroad of New Jersey, Consolidated Rail Corporation (Conrail), and New Jersey Transit from 1974 until 2001. He was diagnosed with pulmonary fibrosis and died two years later.

After his death, his wife sued the railroads under the Federal Employers Liability Act (FELA), claiming that on-the-job exposure to contaminants such as welding fumes, metal dust, silica from the sand hoppers on trains, sawdust from sandblasting, and asbestos from brake shoes and gaskets caused his illness. She further claimed that the defendants failed to provide a safe work environment for their employees by not providing adequate respiratory protection.

The defense argued that it did provide adequate protection for its employees and that the railroad worker had idiopathic pulmonary fibrosis that could have been caused by his cigarette smoking or by wood dust he could have been exposed to when he was a carpenter before becoming a railroad worker. Conrail settled out of the case prior to trial for $500,000.

The jury awarded the plaintiffs $19.17 million but found that the worker was 7% at fault and settled party Conrail 35% at fault. The net recovery was $11.43 million.

$8,600,000

The railroad worker was employed by CSX Transportation Inc. and its predecessors as a switchman for roughly 40 years, starting in the 1960s. He was diagnosed with lung cancer about five years before his death, leaving behind a wife and children who brought a claim under the Federal Employers Liability Act (FELA). The family alleged that his cancer and subsequent death were directly caused by exposure to asbestos, diesel fumes, and radiation during his career with CSX.

Prior to his death, the worker gave deposition testimony and described water pipes and heat shields on the stoves in cabooses as being wrapped in asbestos insulation and stated that when the trains’ brakes, which contained asbestos, were applied, large amounts of dust and smoke “would come right into the caboose.” He also testified that he “could see, smell, feel, [and] taste” diesel fumes when he would ride inside the locomotive cabs with the engineer. Although the windows and doors to the engine cab were often left open due to the heat, the diesel fumes would “trail into the engine cab” even if the windows and doors were closed. He described the fumes as being so pervasive that “if you blew your nose, it was always black.” In addition, he claimed that he was exposed to radioactive material when he transported cargo from the Oak Ridge Y-12 Nuclear Facility and while switching cars at the Witherspoon Scrapyard, which became a state Superfund site in 1991.

Defense counsel disputed the plaintiffs’ allegations and argued that the worker’s exposure to diesel exhaust and asbestos was insignificant and that, if he had any exposure at all, it would have been well below the “[p]ermissible exposure limits.” They further argued that his radiation exposure was speculative and that his roughly 25-year history of cigarette smoking was the sole cause of his lung cancer.

The jury deliberated for one day and returned a 12-0 vote awarding the plaintiff $8.6 million, but found that the worker was 62% at fault due to his tobacco use. The court asked the jury to further deliberate on the amount it “intended” the plaintiff to receive and the jury then returned with $3.2 million on the verdict form, marking out the $8.6 million. The case was later successfully appealed by the plaintiff because the jury found the defendant to be negligent per se, and that the FELA did not allow for the reduction or apportionment of damages based on contributory negligence.

$4,931,549

The plaintiff, a 28-year-old railroad switchman, was standing on a platform on the front engine, acting as a lookout as his crew was transporting eight locomotives to a diesel engine servicing facility. A railroad engineer was operating the consist of engines from the rear locomotive. The plaintiff transmitted a 30-car count (the approximate distance which the crew had to travel) to the engineer, who mistook his communication as him asking to switch radio channels. When the plaintiff noticed another group of locomotives entering the same track he immediately radioed the engineer to stop before hitting the other engines. When he did not get a response, he was forced to jump roughly eight feet off the platform onto ballast and crawl away from the oncoming train.

The switchman suffered a complex fracture to his right tibia, fibula, and ankle, which required emergency open surgery, with the insertion of plates and screws. Post-operatively, he experienced extreme pain and developed post-traumatic arthritis as well as post-traumatic stress disorder (PTSD) and anxiety, requiring psychological treatment.

The switchman sued Burlington Northern Santa Fe Railway Company (BNSF) under the Federal Employers Liability Act (FELA), claiming that the BNSF and the engineer were negligent in their actions and violated Locomotive Inspection Act (LIA). BNSF disputed the causation of injuries, claiming that the plaintiff switchman could have prevented the accident and his injuries if he entered the front cab and applied the emergency brake.

The jury found BNSF strictly liable under the LIA and awarded the plaintiff $4,931,549 in damages.

$4,500,000

The plaintiff was a signal worker for Conrail and its predecessors for nearly 40 years and was diagnosed with lung cancer shortly after his retirement.  Throughout his career, he was routinely exposed to asbestos, silica dust, and diesel exhaust through his work repairing and maintaining railroad signals and relays located alongside the tracks. This job required him to drill holes in asbestos-containing transite signal boards located inside the signal cases which exposed him to significant asbestos dust on a regular basis. His job also often put him near diesel-powered railroad track equipment, including ballast regulators and sweepers, which often stirred up silica-containing ballast dust.

Although the plaintiff was a two-pack-a-day smoker for over forty years, the attorneys at Doran & Murphy successfully argued that the railroad violated the Federal Employers Liability Act by exposing him to these dangerous substances without proper breathing protection or warnings.

The jury returned a verdict in favor of the plaintiff and concluded that both the railroad workplace exposures and cigarette smoking contributed to his cancer. The jury awarded the rail worker a total verdict of $4,508,488.40, but found that he was 40% contributorily negligent for his prior history of smoking cigarettes, reducing the award to $2,705,093.04.

$5,445,000

The plaintiff was a 37-year-old diesel mechanic for Union Pacific. At the time he was injured, he was using a pipe wrench to repair a leaking fuel pre-heater on a locomotive. The worker slipped on a patch of diesel fuel while pulling on the pipe wrench. Within one week of the accident, he was diagnosed with a large inguinal hernia and an intervertebral herniation with radiculopathy.

At trial, the plaintiff alleged that he brought the spill to the attention of his supervisors, but they refused his request for assistance with performing the repair. He also argued that Union Pacific failed to provide him with proper tools and that Union Pacific did not have a functioning water supply available to clean the spilled fuel in the work area.

The railroad contended that a pipe wrench was an appropriate tool for the job, that the plaintiff over-exerted himself while trying to loosen the fitting, that he did not properly brace himself, and that he failed to use available fuel spill pads to clean the fuel spill area.

The jury awarded the plaintiff $9 million but assigned 60.5% liability to Union Pacific and 39.5% to the plaintiff. As a result, the jury’s award of $9 million was reduced to $5,445,000.

$4,500,000

The plaintiff was a conductor and brakeman employed by Norfolk Southern. On the day he was injured, he was using a remote-control device to couple two freight cars to an engine. As he was walking along the tracks, he tripped over a cross tie located about three feet from the tracks which was not visible because vegetation had grown up around it. He suffered a right ankle tear that required two surgeries and resulted in a complex regional pain syndrome/reflex sympathetic dystrophy (CRPS/RSD). His injury left him unable to return to work due to constant pain.

At trial, the plaintiff alleged that Norfolk Southern was negligent in failing to properly maintain the rail yard to ensure the safety of its employees. The railroad denied any negligence and maintained that the worker’s own negligence contributed to his injuries.

The jury awarded the railroad worker $4,500,000.

$7,500,000

The plaintiff worked for CSX and its predecessors for 38 years and held several different positions. Three years after his retirement, he was diagnosed with malignant mesothelioma which required surgical removal of a lung and several rounds of chemotherapy.

At trial, the plaintiff argued that he was exposed to asbestos dust while working around craftsmen who manipulated asbestos-containing materials and while working around the construction, repair, and demolition of buildings containing asbestos siding. He and his former co-workers testified that asbestos debris was regularly cleaned up using air hoses and brooms, which moved dust into the air, and that CSX never instructed them to take precautions or that asbestos was harmful. Plaintiff’s counsel also introduced a 1996 survey of CSX’s facility where the plaintiff worked for the majority of his career which showed large quantities of asbestos in pipe insulation and asbestos-containing siding, wall, and roof panels. Asbestos was also used in various train components, such as brake pads.

CSX responded by presenting expert testimony from industrial hygienists, pulmonary medicine experts, a pathology expert, and a radiology expert, all of whom testified that the plaintiff’s mesothelioma was not caused by asbestos exposure for which CSX could be held liable.

The jury deliberated for 1 hour and returned a 12-0 vote finding CSX liable and awarding the plaintiff $7.5 million. The verdict was upheld on appeal.

$6,000,000

The plaintiff was a 49-year-old railroad freight conductor for Union Pacific assigned to take a train from North Platte, Nebraska to Missouri Valley, Iowa. Before the train departed, he tripped and fell over a loose rubber mat while descending interior stairs on the locomotive and suffered brain damage as well as injuries to his neck, back, shoulder, and knee.

After the worker notified the Union Pacific manager of yard operations and reported what happened, the yard manager and safety manager inspected the locomotive and took photographs. During discovery, the railroad failed to produce documents about the inspections and maintenance performed on the locomotive before and after the fall. Although Union Pacific admitted negligence, it challenged the extent of the plaintiff’s injuries and argued that he failed to mitigate his damages. The trial court found that Union Pacific destroyed documents relevant to the litigation and instructed the jury it could draw an inference that destroyed documents contained evidence that would have been unfavorable to UP.

The jury awarded the conductor $6 million in damages.

$872,000

The plaintiff, a 79-year-old retired locomotive engineer for the Detroit & Toledo Shoreline Railroad and the Grand Trunk Western Railroad, worked for the railroad from 1950 until 1991. Throughout his career, he was regularly exposed to diesel exhaust and asbestos. Years after his retirement, he was diagnosed with laryngeal cancer and chronic obstructive pulmonary disease (COPD).

Although the plaintiff was a long-time cigarette smoker, the attorneys at Doran & Murphy successfully argued that the plaintiff’s exposure to asbestos and diesel exhaust on Defendants’ locomotive engines caused or contributed to his throat cancer and his chronic lung disease. The railroad argued that the engineer was never exposed to harmful levels of dust or fumes during his work for the railroad and that his health conditions were a result of his long history of cigarette smoking.

The jury awarded damages in the amount of $872,000 finding that by exposing the worker to asbestos and diesel exhaust throughout his railroad career, the railroad had violated the Federal Employers Liability Act (FELA), and also the Locomotive Inspection Act (LIA). Consequently, the railroad could not argue that the plaintiff was partly to blame because of his long history of smoking cigarettes and was liable for the full amount.

$48,495,120

The plaintiff was a 28-year-old assistant signalman that was a passenger in a company truck driven by a co-worker. The truck veered off the road and when the driver tried to regain control, he over-corrected and applied too much force to the steering wheel. The truck went up an embankment, through a fence, rolled over, and entered an adjacent interstate highway, crushing the roof. The worker sustained a spinal cord injury, rendering him a quadriplegic.

At the time of the accident, the plaintiff had just flown into Tucson to work for Union Pacific on a paid travel day. At trial, the lawyers argued that since he was being paid for his time and was preparing to perform his job duties, Union Pacific was fully liable for his damages under the Federal Employers’ Liability Act (FELA). Much of the money asked for at trial was to pay for 24-hour care the plaintiff required for the rest of his life.

The jury found that Union Pacific violated FELA, awarding $48,495,120.  Union Pacific’s motions for a new trial and verdict reduction were subsequently denied.

$53,500,000

The decedent was a 54-year-old conductor for Conrail that was attempting to back up a train containing two tank cars, a boxcar, and a locomotive onto an empty track. He had radioed the engineer and brakeman and directed them to put the cars onto the center track, then dismounted the last tank car of the train and began walking away from it, expecting them to switch the cars to the center track. Unfortunately, the brakeman did not hear his directives and never pulled the switch. The train was backed up onto the track where the conductor was walking, running over and killing him.

At trial, the family contended the brakeman had been “asleep at the switch,” when he put the car on the wrong track because he had been working too many hours with insufficient rest periods. Conrail argued that the conductor had caused the accident through his own negligence, not the brakeman.

The jury found Conrail 98% and the conductor 2% responsible for the accident and awarded $53.5 million in damages. The determination of comparative fault reduced the net to $52.43 million.

$9,323,660

The plaintiff, a 25-year-old switchman conductor, was switching cars on three separate tracks for the Louisville & Indiana Railroad Co. The senior conductor instructed him to lace air hoses on cars that were to be switched. Without warning, a cut of three railcars was released by the ground conductor and struck one of the cars near where the plaintiff was standing. He was knocked to the ground and the railcar ran over his left leg.

The switchman sued the railroad for violating the Federal Employers Liability Act, alleging that the railroad failed to furnish him with a reasonably safe place to work. The railroad denied the allegations, arguing that the plaintiff was to blame for his injuries.

The jury found the railroad was 90% at fault and that the plaintiff was 10% at fault, awarding him $9,323,660 in damages, which was reduced to $8,391,294 for comparative fault. Prior to closing arguments, both sides entered into a “high-low agreement” which further reduced his recovery to $7,860,035.

$4,200,000

The plaintiff was a 35-year-old switchman for the Southern Pacific Transportation Company, a predecessor to Union Pacific. During switching operations, he was hit by coupled rail car that was traveling at a speed in excess of the railroad’s safety rules. His left leg was nearly severed below the knee by the wheels, requiring several major surgeries.

At trial, evidence was presented that railroad management had ignored safety rules which prohibited cars from being coupled in excess of 4 mph, and that the unsafe speed used during coupling operations was the cause of the plaintiff’s injury. The railroad blamed the plaintiff for his injuries, arguing that his failure to keep a proper lookout was the entire cause of the accident.

The jury returned a verdict in favor of the plaintiff in the amount of $4,200,000, but found the plaintiff 5% at fault, reducing the award to $3,990,000.

$5,528,688

While working as a truck driver/ground person for the Union Pacific Railroad, the plaintiff was attempting to maneuver a 55-pound weight, known as a pedestal, on a flatcar. The pedestal tended to get jammed in the track of the car because of rust and dirt accumulations. While attempting to maneuver the pedestal into a pocket, the pedestal collapsed on the ends of the plaintiff’s two fingers, fracturing both and causing complex regional pain syndrome

The plaintiff argued that the railroad did not provide a safe workplace or appropriate tools to do the job safely in violation of the Federal Employer’s Liability Act. The railroad argued that all the plaintiff’s problems were pre-existing.

The jury found Union Pacific Railroad negligent and awarded the plaintiff $5,528,688 gross.

$5,000,000

The railroad worker was employed by Norfolk Southern Railway from 1979 until 1990 and was largely responsible for replacing the asbestos-containing brake shoes on Norfolk Southern trains. After his retirement, he suffered from shortness of breath and was treated by a pulmonary doctor who documented that he may have an asbestos-induced lung disease. Over the next several years, he suffered from gradually worsening shortness of breath, coughing, chest pain, and tightness in his chest until his death. Although he smoked cigarettes for decades, a pathologist found asbestos bodies and scarring in his lung tissue which he concluded was asbestosis.

The worker’s estate sued the railroad alleging that Norfolk Southern had failed to provide a safe workplace and failed and failed to warn him of the dangers of his job in violation of the Federal Employer’s Liability Act. Specifically, they argued that Norfolk Southern knew that its brake shoes contained asbestos and failed to warn the worker of the dangers.  The railroad argued that there was no significant airborne asbestos involved in brake work on the railroad and blamed the worker’s death on his heavy smoking history, rather than asbestosis. The railroad’s pathology expert testified that during his review of the biopsy tissue, he did not find any asbestos bodies or signs of asbestosis.

The jury returned a verdict in favor of the plaintiff in the amount of $5 million but attributed 20% liability to Norfolk Southern and 80% liability to the decedent due to his cigarette smoking. Therefore, the award was reduced under the FELA to $1 million.

$4,200,000

Verdict in favor of a railroad employee hit by a rail car while switching.

$5,528,688

Verdict in favor of a Union Pacific employee for crushed fingers.

$9,323,660

Gross verdict in favor of a switchman conductor that had his leg amputated when he was run over by a train in a rail yard.

$1,100,000

Locomotive engineer with lung injury due to toxic exposures including ballast dust: confidential settlement of $1,100,000

$1,000,000

Train crew member injured in transport van accident: confidential settlement in excess of $1,000,000

$500,000

Conductor who sustained knee injuries in an accident on a locomotive received this figure.

$2,900,000

A worker who was struck by a falling object.

$3,700,000

Wrongful death settlement

$1,000,000

An engineer diagnosed with aggressive lung cancer was granted a confidential settlement amount in excess of this amount.

$1,500,000

Award for railroad worker suffering from mesothelioma.

$600,000

Conductor who sustained shoulder injuries after falling on oil on locomotive stairs was awarded this settlement.

$646,000

Jury verdict for conductor with injured back from motor vehicle accident.

$650,000

Conductor who sustained knee injuries after slipping on iron ore pellets in a railroad yard.

$950,000

A wrongful death case for an automobile accident.

Confidential

Railroad conductor diagnosed with bladder cancer, despite never smoking cigarettes. The conductor worked throughout the 1970s, 80s and 90s for various railroad companies in many different states. He described his exposures to diesel exhaust, particularly on steep grades, and on older locomotives where exhaust would seep in through the floor and window seals of the cab. The railroad companies and the conductor agreed to settle this case without litigation.

Confidential

Railroad brakeman/conductor diagnosed with mesothelioma at age 79. He was exposed to asbestos from railroad brake shoes, from asbestos wrapped pipes from the locomotive cab heating system and from switching cars at various local industries, including at a Johns-Manville plant. He was a cigarette smoker for his entire life. Unfortunately, he passed away during his claim. His family continued the claim and agreed to a confidential settlement with the railroad.

$5,000,000

Gross verdict in favor of Norfolk Southern employee who suffered from asbestosis.

$8,600,000

Gross verdict in favor of a railroad switchman who died of lung cancer.

Confidential

Railroad brakeman, conductor and engineer diagnosed with lung cancer at age 70. He was a cigarette smoker up until his diagnosis with cancer. Unfortunately, he passed away during his claim. His family continued the claim and agreed to a confidential settlement with the railroad.

Confidential

Railroad Bridge & Building (B&B) department employee battling lung cancer despite having never smoked cigarettes.  The railroad claimed that he did not have sufficient exposure to any toxic substance despite the claimant describing removing asbestos from buildings by hand.  The railroad and worker agreed to settle the claim for a confidential sum.

$750,000

A former conductor, retired twelve years prior to his death and residing in Arizona, was granted this settlement for lung cancer.

$1,000,000

An engineer diagnosed with aggressive lung cancer was granted a confidential settlement amount in excess of this amount.

$1,500,000

Award for railroad worker suffering from mesothelioma.

$15,250,000

Verdict awarded for the family of a worker who died of mesothelioma.

$1,294,000

Jury verdict for 50 year old freight conductor who suffered a non-operated herniated lumbar disc, after falling from an elevated snow bank during an air brake inspection.

$1,004,000

A machinist who suffered a knee injury after a two-foot wrench fell on him received this jury verdict.

$987,000

A Pennsylvania conductor received this settlement for low back injuries sustained while setting a handbrake on a railroad car.

$950,000

A wrongful death case for an automobile accident.

$750,000

Ohio engineer who sustained a mild closed head injury during a train derailment in Erie, Pennsylvania was awarded this settlement by jury verdict.

$750,000

A locomotive engineer who sustained soft tissue cervical injuries, after a gondola car struck his locomotive cab was awarded this jury verdict.

$750,000

A 60 year old railroad conductor who tore both rotator cuffs while attempting to release a handbrake received this settlement one day before jury selection.

Confidential

Family of a trainman who died from lung cancer after a 40-year career with three railroads. The deceased railroad worker battled his cancer with chemotherapy and radiation treatment, but ultimately passed away surrounded by his loved ones. The railroads argued that his remote history of cigarette smoking was the sole cause of his cancer. The parties agreed to a confidential settlement.

$1,100,000

Locomotive engineer with lung injury due to toxic exposures including ballast dust: confidential settlement of $1,100,000

$500,000

Conductor who sustained knee injuries in an accident on a locomotive received this figure.

$600,000

Conductor who sustained shoulder injuries after falling on oil on locomotive stairs was awarded this settlement.

$646,000

Jury verdict for conductor with injured back from motor vehicle accident.

$650,000

Conductor who sustained knee injuries after slipping on iron ore pellets in a railroad yard.

$1,800,000

A brakeman suffered from occupational-related hearing loss was awarded this figure by a jury verdict in Portsmouth, Virginia.

$2,900,000

A worker who was struck by a falling object.

$3,700,000

Wrongful death settlement

$6,500,000

A construction worker who fell while erecting structural steel.