Vol. 56 No. 6

Trial Magazine

Verdicts & Settlements: Railroads

You must be an AAJ member to access this content.

If you are an active AAJ member or have a Trial Magazine subscription, simply login to view this content.
Not an AAJ member? Join today!

Join AAJ

Failure to provide adequate equipment

June 2020

John Teehan worked for Florida East Coast Railway, L.L.C., for 37 years. He worked various signal-related positions, which required him to lift 150-pound weights and heavy batteries at gated railroad crossings. The aches and pains he experienced from his work evolved into significant pain. He later required spinal surgeries and can no longer work.

He sued the railroad, alleging it failed to provide adequate manpower and proper equipment, including a crane to perform heavy lifting.

The defense argued that the plaintiff’s back pain was not severe enough to constitute an injury.

The jury awarded the plaintiff $900,000, including more than $242,100 in lost income. The parties reached a confidential postverdict settlement.

Citation: Teehan v. Fla. East Coast Ry., No. 2016-CA-001616 (Fla. Cir. Ct. Duval Cty. Aug. 2019).

Plaintiff counsel: AAJ member James Holland and Jessie Harrell, both of Jacksonville, Fla.

Plaintiff experts: J. Rody Borg, economics, Jacksonville; John McKay, vocational rehabilitation, Tallahassee, Fla.; Robert Andres, biomechanics, Pelham, Mass.; and Richard Boehme, neurology, Jacksonville Beach, Fla.