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Press Releases
Bahareh Samanian Elected "Rising Star"
We are pleased to announce that Associate Bahareh Samanian is a 2010 Washington Law & Politics magazine Rising Star, as selected by her peers and supported by independent research criteria. The 2010 Washington Rising Stars list features outstanding young lawyers throughout the state.
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Bahareh practices plaintiff personal injury, focusing on the Federal Employer’s Liability Act and other serious injury cases in Washington, Oregon and California. In addition to her personal injury work, Bahareh also handles employment law matters.
Bahareh is admitted in Washington and Oregon, and the U.S. District Courts for Washington, Oregon, and Colorado. She also serves on the Washington State Association for Justice’s membership committee. A Seattle University School of Law and University of Washington graduate, Bahareh volunteers at the King County Neighborhood Legal Clinic, offering free legal advice to low income individuals.
We congratulate Bahareh on this esteemed accomplishment!
Maintenance of Way Worker Awarded $900,000
A jury in Sweetwater County, Wyoming ordered the Union Pacific Railroad to pay Miguel T. Muñoz, a UP track machine operator, $900,000 for injuries he suffered in a collision on September 10, 2004. Mr. Muñoz was sitting in his machine on the main line track for the railroad in an area where the main line track was protected by a Form C. [show] [hide]
“Form C” means that the main line track between Points A and B (where Mr. Muñoz was located) was out of service, and no trains were allowed within that area. A work train violated this order, came into the area, and collided with Mr. Muñoz’s machine, knocking him several hundred feet down the track and impacting other machines. Mr. Muñoz suffered severe injuries to his left shoulder and his neck, and required surgery on his neck. He also suffered a concussion, headaches, and vision problems. The case was tried to a jury over four days. The UP’s last offer before trial was $250,000. John J. Rossi of the Denver office represented Mr. Muñoz.
Jim Vucinovich Elected to ARLA Board
Bellevue, WA -
The Academy of Rail Labor Attorneys, or ARLA, has elected Jim Vucinovich to its Board. ARLA is a professional association open only to attorneys whose practice includes representation of injured railroad employees in cases filed under the FELA.
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The Academy works to protect the interests of railroad workers who suffer on-the-job injuries.
He joins his partners John Rossi and Jim Cox, both past-presidents of ARLA, in serving on this Board. "I'm honored to be a part of this distinguished group of FELA plaintiff's trial attorneys," Vucinovich said.
Jury Awards Former BNSF Engineer Over $2.8 Million
Forth Worth, Texas - A jury today ordered the Burlington Northern and Sante Fe Railway Company to pay a former engineer $2,822,508.00, for injuries suffered in a 2006 train collision. Lloyd Rand, 55, of Amarillo, Texas, was injured when the train he was riding in was negligently diverted into a siding after the BNSF failed to align the switch back to the mainline in violation of Federal Railroad Administration Emergency Order 24.
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Traveling at an estimated 40 mph, the train slammed into a standing cut of railcars trapping Rand for about 45 minutes before rescue workers pulled him from the wreckage.
Rand then sued for injuries he sustained to his neck, left shoulder and low back, as well as for permanent post-traumatic stress disorder. Rand was unable to return to work following the incident. He is now training to become a school teacher.
The BNSF admitted liability and the jury was only to decide damages for Rand’s injuries. The last official offer by the BNSF was $187,500.
The case was tried before the Honorable Donald J. Cosby and lasted three and one-half days. Mr. Rand was represented by attorneys Thomas M. Flaskamp and Douglas A. Rossi of Rossi, Cox, Vucinovich, and Flaskamp PC, Minneapolis, Minnesota, and Scott A. Barber, Cedar Hill, Texas. Attorney Jeff Wolf of Southlake, Texas represented the BNSF.
Minnesota Office Relocates
Effective immediately, the Firm's Minnesota office address is:
One Corporate Center I
7401 Metro Boulevard
Suite 148
Edina, MN 55439
The Minnesota office is headed by partner Thomas M. Flaskamp. You can reach Tom toll-free at 866.900.3352 or tflaskamp@rcvpc.com.
Jim Vucinovich Appointed UTU Designated Legal Counsel
Bellevue, WA - We are pleased to announce that the United Transportation Union (UTU) has named senior partner James K. Vucinovich as one of its designated union legal counsel, effective July 22, 2008.
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Mr. Vucinovich is the only UTU designated counsel practicing in Washington state, Oregon and Idaho. John Rossi continues to serve as UTU designated legal counsel out of the Denver office.
For over 20 years, Mr. Vucinovich has used his exceptional trial skills defending the rights of injured railroad workers and their families in F.E.L.A. cases. He is the Firm’s President and Managing Partner, and practices out of the Washington state office.
UP Maintenance of Way Truck Driver Wins $300,000 at Trial
53-year-old Dan Towler, a 34 year employee of the UP, won a net award of $300,000 for injuries he suffered during an on-the-job incident on March 1, 2005. Mr. Towler tore his rotator cuff while attempting to load an unbalanced 1100 pound rail onto his truck. The UP failed to provide Mr. Towler with the right tools to balance the load, and he injured his shoulder as a result.
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Mr. Towler had surgery to repair the tear, followed by physical therapy and injections to reduce pain. Mr. Towler repeatedly tried to return to work, but his shoulder injury continued to give him problems on the job. Eventually, his doctors placed physical restrictions on him that permanently prevented him from returning to work.
The parties were unable to settle the case short of trial. Mr. Towler rejected the UP’s final pre-trial offer of $122,000.
At trial, the UP denied any responsibility for the injury, alternately arguing that Mr. Towler was hurt off the job, or that its procedures were safe or involved such minimal forces so as to not cause his injury.
The jury rejected these arguments as well as the UP’s claim that Mr. Towler could have worked at a different job but chose not to. They awarded Mr. Towler $400,000 for past and future wage loss, and pain and suffering. The jury further found the UP 75 per cent at fault for the incident, resulting in a net award of $300,000 to Mr. Towler.
The jury trial was held in Idaho and lasted five (5) days. Witnesses included Mr. Towler, his treating physician T. Clark Robinson, M.D., liability expert Alan Blackwell, vocational rehabilitation consultant Ruthe Hannigan, and economist Jeffrey Opp.
Mr. Towler is a long-standing member of the Brotherhood of Maintenance of Way Employees Division, and resides in Idaho. He was represented by associate Baharah Samanian and partner Jim Vucinovich of the Washington office.
Please contact the Washington office at 1-866-357-RAIL(7245) or visit our website at www.rcvpc.com for important information relating to FELA claims.
BNSF Conductor Wins $1.2 Million Gross Jury Award
A jury in Tacoma, WA awarded BNSF Conductor Robert Ainsworth nearly
$1.2 million in gross damages for injuries stemming from an incident
on Feb. 13, 2005, in Buckley, just 25 miles southeast of Tacoma.
Mr. Ainsworth felt a sudden twinge of pain in his low back while throwing
a derail switch on a storage track. After finishing his shift,
Mr. Ainsworth reported the back pain as required by BNSF rules and then sought medical treatment.
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Mr. Ainsworth's doctors started him on a routine course of epidural steroid injections that did not relieve the pain for more than a few weeks at a time. He had disc surgery to lessen the back pain, only to develop more pain in his hips a few months later. A specialist diagnosed bilalteral avascular necrosis in both hips, a condition that results in the death of bone tissue. Several medical journals report avascular necrosis as a rare but known complication of steroid therapy. After conservative treatment failed, Mr. Ainsworth underwent bilateral hip replacement surgery.
Mr. Ainsworth's injuries prevented him from returning to work as a conductor. Just six weeks before trial, the BNSF suggested he could work "security," though no formal job offer was ever made. Settlement discussions followed but were unsuccessful. At the time of trial, Mr. Ainsworth had not yet returned to any type of work.
Mr. Ainsworth sued for both the back and hip injuries, arguing at trial that "but-for" the on-the-job back injury, he would not have needed the epidural steroid injections that caused his hip injuries. He further argued the hip problems made it unlikely he would be able to return to work as a conductor. The BNSF said Mr. Ainsworth only had a minor disc bulge and that his hip problems were unrelated to his work.
The BNSF hired a forensic orthopedic surgeon who testified that epidural steroid injections are a very common treatment for back injuries like Mr. Ainsworth's. He further testified that Mr. Ainsworth's hip problems were not caused by these injections. The expert testified that there were no reported cases in the medical literature of steroid injections causing avascular necrosis. This was proven false during cross-examination at trial.
After deliberating only six hours, the jury decided in favor of Mr. Ainsworth, finding the BNSF 80% at fault for both the back and hip injuries. Mr. Ainsworth, now age 36, had worked for the BNSF for over 14 years at the time of the incident. Attorney Fred Bremseth, representing Mr. Ainsworth, tried the case to a jury for four days in federal court. He was assisted at trial by attorney Jim Vucinovich.
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.
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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 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.
Greg Kuderer Joins Our Denver Office
February 1, 2008 - Denver, CO. We are very pleased to announce that Gregory E. Kuderer has joined the firm as a partner beginning February 1, 2008.
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Greg was previously an officer and shareholder with the firm of Ericksen, Zierke, Kuderer & Madson, PA, in Fairmont, Minnesota where he handled a variety of cases, including complex personal injury and multi-party litigation. He has successfully tried over 50 cases to verdict, is a trained mediator, and has served as sole and panel arbitrator in personal injury, contract and class action claims. Greg has appeared many times before the Minnesota state and federal district and appellate courts. His expert trial skills will only enhance our firm’s abilities to litigate FELA and serious personal injury cases. He joins John Rossi, Jim Cox, and Doug Rossi in the Denver office where he will concentrate his practice on representing injured railroad workers under the FELA. Greg has been an attorney since 1981.
We welcome Greg to the firm!
James L. Cox, Jr. appointed as Designated Counsel for BLET
We are pleased to announce the appointment of James L. Cox, Jr., as Designated Counsel for the Brotherhood of Locomotive Engineers and Trainmen (BLET) effective February 13, 2007.
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We are proud to provide our firm's high quality legal services, integrity and aggressive legal representation to the BLET community, and we are equally proud of the BLET's confidence in Mr. Cox.
Phil Arnold Named Super Lawyer
Phil Arnold of the Bellevue office was again named a Super Lawyer in the state of Washington. Phil joined the firm in 2005 and immediately distinguished himself practicing Railroad FELA and personal injury litigation. Phil has over 30 years of litigation experience and brings substantial expertise on cumulative trauma cases to the firm.
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Super Lawyers are voted on by their peers. Over 17,000 ballots were sent to practicing attorneys, followed by research on each individual candidate, including evaluation of peer recognition and professional achievement, and then final selection by a blue ribbon panel of review.
Phil is married with two adult children. He is a life long resident of Washington state and practices throughout the Northwest and West coast. Congratulations to Phil!
The Value of Verdicts
Verdicts help define or set the value of FELA cases in general.
Often, the settlement offers made by the railroad are simply too low or unacceptable to the individual plaintiff and a trial is necessary in order to obtain justice and fair compensation for the injured party.
A winning
verdict that beats the railroad's offer only helps to improve the overall value of all railroad cases. March 2006
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A couple of recent verdicts obtained by our attorneys help to
illustrate this point. John Rossi represented Walter 'Scott' Wallace, a B&B employee from Idaho, on a case tried in Pocatello, Idaho in the fall of 2005. Mr.
Wallace sustained a mid-back injury while working on a bridge abutment using
inadequate tools for the task. In fact, the evidence at trial proved that there had
been prior complaints about such poor tools that the workers were forced to
use for bridge repair. Mr. Wallace suffered a soft tissue injury to his low back
but did not require surgery. He missed about one to two months of work and
returned to work without restriction. At the time of trial, the railroad offered
$15,000 in full settlement of the claim. Since the offer was too low, Mr. Wallace
proceeded to trial. A verdict was obtained for $97,000, which was upheld and
then, ultimately paid by the Union Pacific. In fact, the Union Pacific had to pay
costs to Mr. Wallace in the amount of approximately $4,000 resulting in a total
payout of $101,000. Similarly, in another case involving the Union Pacific, Cameron Giebler, an engineer, was injured when struck from behind by another Union Pacific employee driving
a light pickup truck. The injury occurred in Grand Junction, Colorado and the case was tried before a Denver County, Colorado jury in November of 2005. Jim Vucinovich represented Mr. Giebler at trial. The evidence proved that the Union Pacific had long-standing notice as to the unsafe working conditions in the
yard, failure to separate pedestrian traffic from vehicular traffic, erect proper signs, and reduce speeds, etc.
Mr. Giebler suffered a serious shoulder injury requiring several surgeries and was unable to return to work.
The jury found in favor of Mr. Giebler and awarded him a verdict of $1.5 million, reduced to $1.425 million
after off-setting his five percent comparative negligence. Prior to trial, the Union Pacific made an offer of
judgment in the amount of $150,000. The railroad ended up paying the net verdict plus a substantial portion
of Mr. Giebler's cost of trial.
Both cases illustrate the importance of not only trying, but winning substantial verdicts. In both cases, the
offers were far too low to consider as any type of reasonable settlement, therefore forcing the injured
worker to trial. Mr. Wallace's case involved a back to work situation, where the railroad ended up paying
almost seven times of what it had offered at the time of trial. The other, an out-of-service
case, resulted in the railroad paying Mr. Giebler nearly ten times the amount it had initially
offered. These verdicts clearly help raise the value of all FELA cases and demonstrate the
importance of exercising your rights under the FELA.
Cumulative Trauma
Imagine ninety million footsteps taken on road ballast over a railroad career. For most,
if not all of you, this is a reality. March 2006
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When we speak of cumulative trauma, we are talking about repeti-
tive motion. Our expert calculated that over ninety million footsteps are taken in a rail-
road career on road ballast. Each step on road ballast causes torsion (twisting) of the
lower leg, in relationship to the upper leg, focusing a grinding action at the knee joint.
Millions of steps over a railroad career while carrying a load or lifting compresses the
knee joint simultaneously intensifying the grinding action caused from walking on road
ballast.
This is but one of the many known mechanisms causing
cumulative trauma injuries. Degenerative disc disease in the low back, rotator cuff shredding, hip osteoarthritis, carpal tunnel syndrome, etc.- the list
goes on. The equation of a fair day's wage for a fair day's work was not intended to carry an unfair sacrifice -- your health. Cumulative trauma strikes
more and more members of rail labor as the work force ages. This epidemic
was not unforeseen. Bad backs were common in Egypt as workers toiled on
the pyramids. Fifty years ago, bad knees seen in miners were called the "beat
knee." Uneven ground contributed to osteoarthritis of the knee in farmers.
The carriers defend cumulative trauma injuries with the three year statute of
limitations (SOL). The determination of when an SOL will start to run is
complex, case specific, and you should seek legal counsel immediately. Generally speaking, the SOL is three years from the date that a reasonably prudent person knew or should have known that they are injured as a result of work. The railroad wants a
tape-recorded statement from cumulative trauma claimants in part to establish a SOL defense. The railroad
hopes that after controlling the millions of your footsteps along the cumulative trauma path, it may control
your last step and discourage you from receiving professional legal advice from designated counsel. Seek
advice early.
UP Engineer Wins $1.425 Million Verdict
On November 21, 2005, a Denver County Colorado jury awarded Union Pacific engineer Cameron Giebler $1,425,000 for injuries
suffered in 2002 following a car-pedestrian accident on company property. Another UP employee driving a light pickup truck hit Mr. Giebler as he walked to his vehicle after his
shift. Mr. Giebler, 54, is a Grand Junction resident and had worked for the UP since 1973 and as an engineer since 1999. December 2005
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At trial, Mr. Giebler argued the UP ignored direct warnings from the Grand Junction Safety Committee that had previously identified
unsafe conditions in the Grand Junction yard and recommended changes to protect pedestrians, including blocking the roadway from
traffic, signs and speed humps. Witness testimony detailed specific warnings to railroad management regarding vehicles traveling too
fast, lack of pedestrian and other signs, as well as little protection for employees walking in the yard facility. On the day Mr. Giebler
was hurt, UP employee Brady Tubbs was late for work and admitted being blinded by the sun as he approached the yard office area.
Mr. Giebler had just tied up his locomotive power and was walking toward his car in the company parking lot adjacent to the yard office. Mr. Giebler was struck from behind, vaulted onto the hood of the pickup truck, and then thrown off. He suffered extensive injuries to his left shoulder requiring two surgeries. Though Mr. Giebler worked tirelessly to recover from his injuries and surgeries, even
continuing his rehabilitation program to this day, he is still left with permanent nerve damage and loss of function to the left shoulder.
The UP denied responsibility claiming Mr. Giebler was primarily at fault for walking with his "back to the traffic." The railroad also
denied any responsibility for Mr. Tubbs whom they claimed was "not working" since he had not yet reported to the yard office to officially start his work duties. The railroad offered $150,000 on the eve of trial. The jury rejected the railroad's arguments, finding Mr. Giebler only five percent at fault. The jury found the UP 95% at fault after concluding Mr. Tubbs
was in the course of his employment since he was arriving to work and traveling on UP private property, and therefore subject to its rules and safety policies. This finding is consistent with the applicable law for the FELA. Mr. Giebler proved economic loss in an amount ranging from $725,000 to $745,000. Over $90,000 in medical care costs
were paid by the UP but introduced as evidence of the nature and extent of the injury and disability. The jury
awarded $1.5 million, reduced by 5% for Mr. Giebler's comparative fault, netting Mr. Giebler $1,425,000. Jim Vucinovich
tried the case before the Honorable Shelley Gilman in Denver County District Court. Jim Cox assisted at
trial.
Cumulative Trauma Injuries Are Not New
We face an epidemic of cumulative trauma injuries to ankles, knees, hips, back, wrists, elbows, and shoulders as rail labor ages. These type of injuries are as old as the pyramids. Low back pain was reported by the ancient Egyptians five thousand years ago. December 2005
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Job-related low back pain was a major concern of Bernardio Ramazzini, the founder of occupational medicine, in the 1600s. Only recently have American railroads recognized these problems, leaving thousands of railroad employees with crippling disabilities. This slow recognition creates significant FELA liability for American rail carriers. The railroad's weak attempt to impose lifting safety rules was a cynical attempt to blame employees for lifting injuries. In Railway Age almost 20 years ago, it was stated: "There simply is no single safe lifting method," and "current knowledge of the mechanics of the low back does not support that time-honored adage, 'lift with your legs.' the result can, in fact, be greater stress" (p. 49-50, Dec. 1987). Cumulative trauma cases are in general, meritorious, but involve complex medical and legal issues. Delay in preserving your FELA claims for these injuries may bar recovery of compensation. In order to protect your FELA rights you should contact experienced designated counsel.
Johnson Verdict Affirmed
The California Court of Appeals recently affirmed a $3.4 million verdict in favor of UP conductor Harold Johnson, of Los Angeles, California. The Court denied all of the appellant's arguments while affirming the verdict in its entirety. The judgment had been on appeal since spring of 2003, when a L.A. County jury awarded Mr. Johnson damages stemming from a runaway tank car/ engine collision in July 2001. Mr. Johnson was represented by James K. Vucinovich of the Bellevue office. December 2005
Phil Arnold Joins Our Washington Office
We are very pleased to announce
that Philip G. Arnold has
joined the firm as an associate as of November 15
2005. Mr. Arnold's long
time legal assistant, Candace Haberkorn, also
joined the firm. December 2005
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Phil brings a vast array of experience to the firm and has
argued complex personal
injury cases, including
FELA (Federal Employer's
Liability Act) cases, before
numerous state and federal
courts in Washington, Oregon, Montana, Minnesota
and Ohio. Phil has also
developed expertise in
cases involving cumulative
trauma affecting railroad
workers. He has successfully tried numerous cases
involving this injury (see
related article on p. 1), as
well as catastrophic injuries
in the areas of product
liability, medical negligence
and highway design. He has
represented railroad workers since 1990.
We welcome Phil and
Candace to the firm!
Conductor Awarded $872,000 Verdict
A Seattle jury recently awarded BNSF conductor Jeff Frohlich $872,000 for injuries he sustained when his train struck a boulder near Marcus, Washington. James K. Vucinovich and Bahareh Samanian of the Bellevue office represented Mr. Frohlich.
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Mr. Frohlich began his railroad career in 1968 in Pasco, later moving with his family to Deer Park, Washington, in the mid-1980's. Since then he has worked for the BNSF out of Spokane, Washington.
On January 3, 2003, Mr. Frohlich, with only seconds to react after seeing the boulder, was in the process of activating the train's emergency braking system when the collision occurred, throwing him around the engine.
Mr. Frohlich suffered a shoulder injury which required surgery, as well as neck and low back injuries. These injuries disabled him from returning to work as a conductor.
At trial the railroad denied responsibility, arguing it was an unforeseeable event. Remarkably, the railroad argued that Mr. Frohlich was simply "in the wrong place at the wrong time."
Attorney Jim Vucinovich retained a nationally renowned geologist to explain to the jury why this cliff was so unstable, why the railroad should have known about its instability, and what the railroad should have done in the way of preventative maintenance (slide fence, slope stabilization, wider ditch, more frequent inspections, etc.). The BNSF had no system to address rockfall hazards and had done little line maintenance to prevent rocks from falling on the tracks.
The railroad also argued that Mr. Frohlich was not injured, that he would have retired at age 60 rather than 65, and that he failed to mitigate, or lessen, his damages. During its closing argument, the railroad argued that because Mr. Frohlich was in the "wrong place at the wrong time," he was not entitled to any damages, but that if the jury disagreed, his total damages should not exceed $295,000.
The jury deliberated for just two hours before rejecting all of the railroad's arguments and unanimously awarding Mr. Frohlich $872,000.00.
Conductor Wins $3.4 Million Verdict
LOS ANGELES - Harold Johnson of UTU Local 1770 in Los Angeles, won $3,400,000.00 for injuries he sustained in a railroad collision. James K. Vucinovich, who represented Johnson, described the accident as "another case of corporate irresponsibility." Wayne Hudgins, a former local chairman of UTU Local 1846, aided in investigating the case.
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In the early evening of July 4, 2001, Johnson, a Union Pacific switchman with 28 years of railroad work under his belt, was riding in the cab of an eastbound locomotive as it slowly made its way through a train yard in Los Angeles. Johnson acted as lookout and blew the whistle to let workers in the yard know the train was coming through. His train had just pulled into view of the curved track ahead when he saw a runaway tanker car barreling straight toward him.
The runaway tanker car, loaded with corn syrup and weighing 130 tons, had rolled out of a warehouse and sped through neighborhoods and streets crossings, remarkably injuring no one. The car was traveling nearly 60 mph when Johnson saw it coming. Seconds later it hit the train, and it hit hard, demolishing the lead locomotive, throwing Johnson from his seat, and knocking him unconscious. He came to, bruised and bleeding, and the damage was permanent. Three years later, the pain in his back, hands and ankle is constant. The injury to his shoulder limits the motion of one arm, and he suffers from post-traumatic stress disorder. Johnson and two others injured in the accident remain unable to work.
In addition to reaching a settlement with the Union Pacific Railroad under the Federal Employer's Liability Act (FELA), Jim Vucinovich, on behalf of Johnson, filed a negligence lawsuit against the warehouse company that was in control of the tank car when the accident occurred. The defense argued that when the railroad left the car in the yard earlier that day, they had failed to secure the hand brake properly, or that an unknown, unnamed vandal had released the hand brake. They maintained to the end that the warehouse had no responsibility for the collision.
Vucinovich said the warehouse company "did not have any set procedures, training, or supervisory controls over the handling of loaded tank cars, even though it is and has been their business for decades. It is unfortunate in this day and age that corporations continue to do business in ways that are unsafe and irresponsible, and in this case led to an accident that ruined the careers of three railroad workers."
Railroad Nurse Case Managers
For those of you with the misfortune of
experiencing an on-duty injury, you likely
have dealt with a "nurse case manager."
From the moment you are injured, Railroads often employ a nurse case manager
that will contact you in an attempt to
"manage" your care to get you back to
work. This includes obtaining signed medical authorizations from you, persuading you
to treat with doctors of the Railroads'
choosing, and communicating directly with
your healthcare providers regarding your
diagnosis, treatment, restrictions, and prognosis, without your consent. August 2005
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This conduct violates privacy and confidentiality
rights under the HIPAA (Health Insurance Portability and Accountability Act). It
also gives Railroads direct access to your
medical care and the ability to manipulate
the outcome, without your involvement.
Remember-the nurse case manager does
not work for you-their services are contracted by Railroads and they report their
findings and recommendations directly to
Railroad Claims, Operating, and Medical
departments.
What to do?
If approached by a nurse
case manager:
- 1) do not sign any medical authorizations,
- 2) seek medical treatment from providers of your own choosing,
- 3) retain copies of any documentation received from the nurse case manager, and
- 4) contact us right away for legal advice.
Get to Know Your "PIP" & "UIM" Coverage
For many of you, riding in a Crew Shuttle
Services, Alex Transport, or other contrac
van is another part of your long work day.
But have you ever thought about insurance
coverage should you sustain
personal injuries in the van
as a result of a collision?
You should. August 2005
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Although van companies are
"agents" of the Railroad, the
FELA does not automatically
apply to these agents unless they bear some
liability or fault for the collision. This is
problematic if you become injured in a van
through no fault of the van driver or a mechanical defect. Many van companies only
purchase "liability" insurance on their vans,
and opt out of personal injury protection "PIP" and underinsured motorist coverage
"UIM." This exact scenario recently occurred, with injuries to rail employees, in
Oregon and Utah.
What does this mean to you? Next
time you step into a van, the van is involved in a collision, and you sustain
injuries, the van company may not pay
for your medical bills and may only
carry liability insurance.
What can you do to protect yourself?
Call your insurance agent and inquire about
your current PIP and UIM policies. Increase
your coverage limits and make sure your
UIM policy does not contain any work-related exclusions.
Jim Wodke Joins Our Denver Office
We extend a warm
welcome to Jim Wodke, our newest investigator.
Jim, a veteran railroader
of 30 years and investigator for 13 years, is from
from Loveland, Colorado.
August 2005
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Jim's many years of railroad experience began
as a track worker for the
Rock Island Railroad
while still in high school
in Herrington, Kansas.
He was hired on as a
brakeman in 1963. He
also worked as a carman
and clerk while furloughed as a brakeman.
After the demise of the
Rock Island Railroad,
Jim began a new career
for Burlington Northern
as a trainman in Alliance,
Nebraska where he was
elected Legislative Representative and later
elected to two terms as
Local Chairman for the
United Transportation
Union.
Jim's experience in the
various crafts and his
work in the union combined with thirteen years
working with designated
legal counsel, equip Jim
with a great understanding of all the problems
that injured railroaders
and families face today.
Jim truly stands ready to
help when called.
Jim is a 5th generation
railroader. His son Brett
is an engineer in Alliance, Nebraska, and the
6th generation railroader,
all on one side of the
family.
ATTENTION: Jim is interested in hearing from
anyone who may have
seven generations of
railroaders and anyone
who has a similar family
history! He can be contacted at (970) 203-0099.
Latest Win is Third FELA Verdict For Jim Vucinovich
On July 1, 2005, an Ada County, Idaho, jury of twelve awarded a Union Pacific conductor
$385,000 in damages for a soft-tissue neck injury. Union Pacific trainman, Tom Zahradnicek, suf-
fered a whiplash injury while riding as a passenger in a van that backed into a powerpole. The in-
jury disabled Mr. Zahradnicek from working as a conductor.
July 2005
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Mr. Zahradnicek was represented by Jim Vucinovich of Rossi, Cox & Vucinovich (with offices in Seattle and Denver). The win marks the third in a row for Jim Vucinovich in the last sixteen months, and is significant since it was against a contract van service company
hired by the railroad and involved a soft-tissue, non-surgical injury.
Defendants Union Pacific and Crew Shuttle Service, were represented by a Minnesota attorney. An offer of $125,000 was made before trial, with Defendants contending that the low
speed impact of 6-7 mph was insufficient to cause a permanent injury. The defense claimed that
Mr. Zahradnicek was not hurt and was able to return to his railroad job. The defense further argued that Mr. Zahradnicek was contributorily negligent, and the jury agreed to an extent, reducing
the verdict by 15%. However, the jury rejected the Defendants' request that Mr. Zahradnicek was
entitled to only $50,000 in overall damages, and clearly opted for a much higher award.
The case was tried in Boise, Idaho, before Senior Judge Daniel Meehl. The jury heard four
days of evidence before deliberating six hours to reach the verdict. Defendants have agreed to
pay the verdict and costs.