Jerome Moroux of the law firm Broussard & David, LLC recently obtained a jury verdict of over $1.4 Million on behalf of a railroad worker who sustained significant injuries when an unsecured steel rail fell onto him.
Plaintiff was a truck driver on the railroad. As the truck driver, plaintiff was responsible for securing each steel rail individually as it was loaded on to the truck from the rail yard; however, on the day of the accident, plaintiff and the foreman loaded several rails without tying them down, intending to secure them all at once. Discovery indicated that the foreman was lax about safety oversight and that his crews routinely did not secure rails in the manner the railroad required.
While plaintiff’s foreman was operating the crane, the boom struck an unsecured rail, causing the rail to fall from the truck. The rail grazed plaintiff’s back, causing plaintiff to fall and strike his head. Plaintiff suffered a fractured ankle, a deep bruise/hematoma in his lower back, and a concussion. Over the course of two years, plaintiff underwent surgical repair of his ankle, as well as extensive treatment for his seroma/wound care in his lower back. Additionally, plaintiff underwent a two level ACDF and treatment for post-concussive syndrome and anxiety and depression. Plaintiff’s treating physicians testified that he would be restricted to light duty and more likely than not would need a back surgery sometime in the future. A vocational rehabilitation counselor testified that plaintiff would not be able to return to work on the railroad.