FELA – Maintenance worker claims railroad negligently maintained and designed a work truck.
Plaintiff, a 32 year-old maintenance of ways worker, was directed by his foreman to move a section of rail using a BNSF boomtruck. Soon after the truck was turned on, a loud sound from behind the truck’s hydraulic system sounded. The truck quickly caught fire. Plaintiff, a sitting passenger, was unable to exit the truck through the passenger door. It was currently on fire. His foot got caught in the middle console as he tried to get out via the driver’s side door. He fell to the ground below after attempting to cross the truck. Multiple orthopedic injuries were sustained.
Case Details
- Case Name: Martin v. BNSF Railroad Company
- Court and case number:Fresno Superior Court/18CECG02698
- Judgment or Verdict Date: Tuesday, May 31, 2022
- Date Action Filed:Thursday July 19, 2018.
- Type of Action: Negligence – Truck Accident
- Judge/Arbitrator(s),Hon. D. Tyler Tharpe
- Plaintiffs: Lee Martin
- Defendants: BNSF Railway Company
- Type: Jury Verdict
Verdict and Settlement
- Award or Gross Verdict:$1,998,137.40
- Award or Verdict: $1,998,137.40
- Contributory/Comparative Negligence: None.
- Economic Damages$498,137.40
- Non-Economic Damages:$1,500,000
- Jury Deliberation:3 and 1/2 hours
- Jury polls:12-0
- Post-Verdict Settlements and Motions: None.
Personal Injury Lawyers
- Attorney for the PlaintiffKrissman & Silver LLP, Jarod Krissman and Ian Deady from Long Beach.Jay Kaplan, Los Angeles: Kaplan Law Corporation
- Advocate for the DefendantFlesher Schaff and Schroeder Inc. by Jacob Flesher, Brittany Johnson (Rocklin).
Expert Witnesses
- Plaintiff’s Medical Expert(s).Ramy Elias M.D. Orthopedic surgery.
- The Medical Expert(s), Defendant:Michael Klein. Michael Klein, M.D. Orthopedic surgery.
- The Technical Experts of Plaintiff:John Cole, PE. Fire investigation/mechanical engineering.
- Technical Expert(s), Defendant:None.
Lawyers’ Closing Arguments
Plaintiff’s Contentions:The truck fire was caused by a hydraulic line burst below the truck. This sprayed hydraulic fluid onto the hot exhaust system of the truck, which became the fire’s ignition point. The BNSF Railway Company did not provide him with a safe workplace and a safe boom truck.The railroad also found that the truck’s hydraulic system was not safe because it did not have a heat shield between its hydraulic system lines and the hot exhaust system. This meant that there was no competent ignition source.
Defendant’s Contentions:BNSF Railway Company claimed that the company was not negligent, and that the hydraulic system of the truck was reasonably safe.
Personal Injuries and Damages
- Plaintiff claims physical injuriesPlaintiff suffered injuries to his left shoulder and hip, as well as both knees. Since the accident, he has had five operations.
Special Damages
- Special Damages Claimed – Past Medical: None.
- Special Damages Claimed – Future Medical: $150,992
- Claimed Special Damages – Past Earnings:$246,363.40
- Claimed Special Damages – Future Loss Earnings:$100.782
Demands and offers
- Final Demand of the Plaintiff before Trial:$1,600,000. (Three days before trial at pre-trial conference.
- Final Offer to Defendant before Trial:$450,000. (Three days before trial at pre-trial conference.
