Most injured workers are protected by state workers’ compensation systems. Under these programs, employees make a trade-off. They don’t have to prove their employer’s action or inaction led to the injury, but in exchange, they sacrifice the right to sue for damages. That is, the injured party does not have to show employer negligence to receive benefits.
Thank God, things are a little different for those who work on the nation’s waterways or railroad lines. Unlike workers’ compensation, the Federal Employers Liability Act (FELA), which covers railroad worker injuries, is not a no-fault system.
Neither is the Jones Act, which protects workers who serve aboard water-going vessels, and was modeled on FELA.
Under FELA and the Jones Act, negligence matters. FELA and the Jones Act reject the common-law doctrine of contributory negligence in favor of the more employee-friendly system of comparative negligence.
On December 9, 2012, Greg Gibbons an employee of Union Pacific Railroad Company was hauling equipment and supplies for them through a canyon near Caliente, Nevada, when he was severely injured.
In order to reach his destination, Gibbons had to traverse a homemade railroad “flatcar” bridge on a Union Pacific access road, both owned and maintained by Union Pacific. This bridge was actually an old, pre-World War II, decommissioned railroad flatcar built in 1941, taken out of service in 1963, then repurposed as a bridge by Union Pacific. Union Pacific does this, because it is a low-cost alternative to constructing proper bridges. The bridge spanned about 100 feet and was suspended approximately 15 feet above the canyon floor.
Now using railroad flatcars as bridges is generally considered not safe because they are not designed for that purpose, lack proper structural integrity to support significant weight distribution, and can easily fail under heavy loads, especially when not properly supported or maintained, making them a significant safety risk.
These flatcar bridges are unregulated by the Federal Railroad Administration (“FRA”). Union Pacific never assessed the weight-bearing capacity of the bridge, but they should have. there was no evidence that this flatcar-converted-to-bridge was ever designed to hold this capacity, and more importantly they never posted warnings as to bridge load capacity or risk of collapse.
Flatcars lack safety features because they are essentially bridge components like guardrails, proper abutments, and load-bearing reinforcement, increasing the risk of vehicle or pedestrian accidents.
On this day, Gibbons was driving a dump truck carrying rocks and towing equipment with a collective weight of over 100,000 pounds. As Gibbons crossed the canyon, the bridge collapsed into the underlying riverbed, causing serious and permanent injuries to Gibbons’ neck and back, necessitating fusion surgery in his neck. His injuries will require at least two, and likely three, future surgeries. Gibbons was eventually able to go back to work, albeit, medicated, in pain and with functional limitations.
Based on these injuries, Gibbons filed suit against Union Pacific on November 25, 2015, asserting a claim for negligence under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. § 51-60, et seq.
On May 7, 2018, the jury reached a unanimous verdict and awarded Gibbons the following:
$1,500,000.00 in lost wages and benefits; 2) $500,000.00 in likely future medical and hospital expenses; 3) $1,500,000.00 for mental anguish; and 4) $1,500,000.00 in physical pain and suffering.
Not happy with the verdict, Union Pacific appealed.
In this new Insider Exclusive “Justice in America” Network TV Special, “JUSTICE IN AMERICA – RAILROADS DISASTERS AHEAD, our investigative team sits down with Greg’s lawyers, Brent Coon and Jim Morris, at the Brent Coon & Associates law firm to to give us an update on this case and how to prevent such disasters in the future.
Please contact Brent Coon & Associates https://www.bcoonlaw.com/ 409 242 5527 & 281 324 0399 for additional information.