Trial Magazine

Eddie Curl, a 54-year-old trackman, was working aboard a train that traveled over a section of washed-out track that was unsupported by ballast. The train derailed, forcing Curl to jump from the train. He suffered an ankle sprain and missed two weeks of work.

Approximately nine months later, Curl was diagnosed as having tarsal tunnel syndrome, necessitating surgery. More than one year later, Curl was diagnosed as having complex regional pain syndrome. He is unable to return to his job, at which he had earned approximately $50,000 annually.

Curl sued BNSF Railway Co., alleging liability under the Federal Employer’s Liability Act for the defendant’s negligent operation of the train at an unsafe speed, failure to provide a safe place to work, and failure to warn of hazardous conditions. The plaintiff asserted that the train should not have operated over that stretch of train track. Suit did not claim past medical expenses.

The defendant admitted liability but disputed causation and damages.

The jury awarded $1.29 million. The court denied the defendant’s motion for a new trial.

Citation: Curl v. BNSF Ry. Co., No. 05771LACL137564 (Iowa Dist. Ct. Polk Cty. Mar. 31, 2020).

Plaintiff counsel: Benjamin Tobin and Patrick Sullivan, both of East Alton, Ill.; and George Davison Jr., Des Moines, Iowa.

Plaintiff experts: Kari Maruti, pain management, Bettendorf, Iowa; Tuvi Mendel, orthopedics, Davenport, Iowa; Randy Metzger, podiatry, Corydon, Iowa; and Karen Tabak, economics, St. Louis.

Defense experts: Kurt Hegmann, occupational medicine, Salt Lake City; Mark Dyken, neurology, Iowa City, Iowa; and Scott Kush, life expectancy, Menlo Park, Calif.