Injured rail welder awarded $2.8 million

[Omaha Steve]

http://www.omaha.com/index.php?u_page=2798&u_sid=10106405

Published Monday | August 13, 2007
Injured rail welder awarded $2.8 million
BY ERIN GRACE
WORLD-HERALD STAFF WRITER

A Columbus, Neb., railroad worker has won a nearly $2.8 million verdict against his employer, Union Pacific Railroad, in a workplace injury case that went to trial last week at U.S. District Court in Omaha.

Kendall Bryce Walsh said he lost the use of his right arm after it was crushed by a concrete railroad tie that fell off a pile at an Iowa railroad crossing two years ago.

He argued in his lawsuit that the railroad was at fault; Union Pacific said in court documents that Walsh's injury was due to his own negligence or carelessness. U.P. also argued that pre-existing conditions or other factors were at play.

A jury sided with Walsh on Friday but found him partially responsible and subtracted 2 percent, or $56,000, from the $2.8 million verdict.

Joe Arbona, a spokesman for the railroad, said Sunday night that he wasn't aware of the case and was unable to comment. Neither U.P.'s attorney nor the Denver-based attorney representing Walsh could be reached by telephone.

According to court documents and a phone interview Sunday with Walsh:

On July 15, 2005, Walsh, a welding machine system operator, had just wrapped up a job welding sections of steel rail line near Denison, Iowa.


FULL story at link.

[hobbit709]

1. A friend of mine had his foot crushed by a dropped rail

It took 4 years before the railroad finally paid him off.

[blueknight]

2. thank god

for the F.E.L.A. law that protects railroad workers. i worked in the industry for 30 years.