Denver Brakeman Wins $525,000 Against the UP

Veteran railroader James Bogard was awarded $525,000 in damages for injuries he suffered while on duty December 7, 2005.   Mr. Bogard injured his shoulder while helping to throw a high-stand switch at Western Metals, a recycling plant, in Denver.  The switch had a history of problems due to lack of inspections and needed maintenance.  

Mr. Bogard was injured while trying to align the switch points with a metal pry bar, kept at the switch by Western Metals, as the conductor pulled at the switch handle.   Settlement efforts were attempted before trial but were unsuccessful.  The railroad’s last offer was $200,000. 

Mr. Bogard and his conductor testified it took several minutes to clean out and throw the switch.  In contrast, Western Metals’ general manager testified that: 1) the switch was always kept in proper working order; 2) he had never seen nor authorized a bar kept at the switch; 3) the use of a pry bar would be against company policy; and 4) he had a surveillance video of the area showing the movement and timing of the train in and out of the property, which would disprove Mr. Bogard’s claim.  In addition, a defense expert created an animation from the surveillance video, and testified there was insufficient time at the switch for Mr. Bogard to have worked it or sustain an injury. 

The jury disregarded the videos and disagreed with the general manager’s testimony, finding Western Metals and the Union Pacific equally negligent in causing this incident.  They attributed no fault to Mr. Bogard, and found no basis for the defendants’ claim that he failed to mitigate his damages.  The jury awarded Mr. Bogard $525,000 for the injured shoulder and lost wages and benefits. The Union Pacific paid for all related medical expenses.

The jury trial lasted a week, and witnesses included Mr. Bogard, his wife, co-workers, treating physicians, an economist, the railroad claims agent, and a doctor and engineer hired by the defendants, as well as Western Metals’ general manager. 

Mr. Bogard continues to have limitations with his left shoulder and did not return to work.  He is 60 years old and lives in the Denver area.  He started his railroad career in 1974.
 
Mr. Bogard was represented by senior partner John Rossi and assisted by partner Greg Kuderer of the Rossi, Cox, Vucinovich, Bremseth & Flaskamp, P.C., Denver office.   Please contact the Denver office at 1-800-325-4014 or visit our website at www.rcvpc.com for important information relating to FELA claims.