Six months later, on his first day as a permanent employee, my client, whom I'll call "John", was pulling pin spikes in the tunnels using a claw bar and a half washer, a technique created by the railroad. It was a tough spike, and he and his partner did what they had been trained to do, muscle it out. But the spike head was corroded, and the heat-treated washer popped through in an instant.
Less than half a second later, John was on his knees clutching his right eye. In the ambulance and at the hospital, John was told they did not expect to save the vision in that eye.
After the accident, John learned the railroad had a hydraulic spike puller which could have been used in lieu of the manual technique.
At the hospital he learned he had a ruptured globe. When the washer hit John’s eye, it sliced it open from 12 o’clock to 3 o’clock, which led to five surgeries, 29 weeks lost work and a net loss wage loss of $27,000. What’s worse, John has lost some vision in his right eye and along with it, the ability to practice competitive mixed martial arts, which he did as a passionate hobby and a money-earning side job. Added to that, he faces a higher chance for glaucoma and blindness, and more surgeries.
As a competitive mixed martial arts fighter, John has fought in 35 paid bouts, the last, five days before the accident. His surgeon has cleared him to spar, but not fight full contact. As a result of the accident he has a 17-49% chance of contracting glaucoma in his right eye, which requires semiannual monitoring. For the next 44+ years my client has to get screened 2-3 times per year for glaucoma because if he misses an appointment, the nerve damage caused by the disease will creep in and is irreversible.
Using the Federal Employer’s Liability Act, known as FELA, I sued the railroad on John’s behalf arguing that the railroad had a better, safer tool for the job and access to safer eyewear and chose not to use them, effectively choosing efficiency over worker safety.
The jury agreed with my argument. After a quick deliberation in February 2014, came back with a general verdict of $3,750,000 with no blame placed on John. Prior to trial, the railroad thought so little of his claim that it never offered a single dollar in settlement, saying at best it was worth less than $100,000.
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