Gordon & Elias, L.L.P.

$19

FELA, Personal Injury

Nine employees sued CSX under FELA for knee injuries from mainline ballast. Jury awarded $19.3 million. CSX appealed, arguing trial court erred in not allowing jury to apportion damages based on non-negligent factors. Appellate court vacated judgment and remanded for new trial on damages.

$4

FELA, Wrongful Death, Personal Injury

Wife of deceased BNSF employee brought FELA action after husband was struck by rail car. Jury found BNSF negligent and awarded $1 million in pecuniary damages and $4 million for pain and suffering. Trial court reduced pain and suffering to $3 million. Appellate court affirmed refusal to direct verdict and upheld jury award.

$1

FELA, Personal Injury

Plaintiff sued CSX under FELA for injuries. Another CSX employee (also represented by plaintiff's counsel) disclosed forged inspection report related to plaintiff's injuries. CSX moved to preclude testimony and for new trial. Court denied preclusion, granted new trial. Jury awarded $550,000 past pain/suffering, $1 million future pain/suffering (reduced to $650,000). Appellate court affirmed.

$250,000

FELA, Personal Injury

Plaintiff, a railroad worker, suffered "tennis elbow" from operating locomotives with defective equipment. Sued CSX under FELA and LIA. Jury awarded $250,000. CSX appealed. Appellate court affirmed, finding claim not time-barred, expert testimony admissible, and letter properly admitted.

$250,000

FELA, Personal Injury

Plaintiff injured leg entangled in chain, fell from freight train. Jury found CSX 20% liable, awarded $207,000, but no damages for future pain/suffering or lost wages. Plaintiff appealed. Appellate court modified judgment, granted new trial on future pain/suffering unless CSX stipulated to increase to $250,000.

$200,000

FELA, Bankruptcy

Plaintiff injured while employed by KCS, settled FELA claim for monthly payments and lump sums. Later, plaintiff and spouse filed for bankruptcy. Trustee sought to include remaining $200,000 settlement payment in assets. Debtors claimed exemption as disability benefit. Court held settlement was exempt as a hybrid of personal injury, disability, and pension.