Trial News
Verdicts & Settlements: Premises Liability
Failure to provide safety equipment
March 12, 2020Robert Denniston, 58, worked as a track inspector for BNSF Railway Co. For about 18 months, his work involved tightening bolts on rail joints using an impact wrench for approximately half an hour every day. He developed carpal tunnel syndrome and trigger finger, necessitating carpal tunnel surgery. He returned to work after a few weeks but subsequently developed an infection that required additional surgery. After being out of work for an extensive period, he retired.
Denniston sued BNSF Railway, alleging failure to provide reasonably safe equipment, including vibration gloves, and failure to prevent exposure to excessive force and vibration, in violation of the Federal Employers’ Liability Act. The plaintiff claimed past lost income totaling almost $119,300.
The jury awarded approximately $769,600.
Citation: Denniston v. BNSF Railway Co., No. 05771-LACL-134839 (Iowa Dist. Ct. Polk Cty. Oct. 3, 2019).
Plaintiff counsel: Christopher Leach, Kansas City, Mo.; and Corey Stull and Christa Binstock Israel, both of Lincoln, Neb.
Plaintiff experts: Nicholas Bruggeman, orthopedics, Omaha; and Stan Smith, economics, Chicago.
Defense experts: John Melhorn, orthopedic surgery, Wichita; Lawrence Fleischer, ergonomics, Fort Worth, Texas; and Greg Weames, ergonomics, Georgetown, Ont., Can.
