Trial Magazine

While on a work-related travel layover, 49-year-old locomotive engineer ­Nicholas Georgiana walked from his car to the front door of the hotel where he planned to stay. He fell on a patch of ice, suffering a concussion and a head laceration. Georgiana now suffers from symptoms of a mild traumatic brain injury, including headaches, cognitive impairment, and depression. He had earned about $100,000 annually but has not returned to work. 

He sued his employer, Union Pacific Railroad Co., alleging liability under the Federal Employers’ Liability Act for the railroad agent-hotel’s failure to de-ice its parking lot.

The jury awarded approximately $1.38 million.

Citation: Georgiana v. Union Pac. R.R. Co., No. 27-CV-2015-015754 (Minn. Dist. Ct. Hennepin Cnty. Sept. 20, 2016).

Plaintiff counsel: AAJ member Frederic A. Bremseth and Keith E. Ekstrom, both of Minnetonka, Minn.

Plaintiff expert: Marjean Pountain, property management, Elkhart Lake, Wis.