Date: 08-07-2008

Case Style: Jim Heverly v. Union Pacific Railroad Company

Case Number: 052-001579

Judge: Julian Bush

Court: Circuit Court, City of St. Louis, St. Louis County, Missouri

Plaintiff's Attorney: Charles Armbruster and Michael Blotevogel, Lakin Law Firm, Wood River, Illinois

Defendant's Attorney: Torry Garland

Description: Jim Heverly, age 51, sued Union Pacific Railroad Company on a negligence theory under the Federal Employees Liability Act (FELA) claiming that he developed disabling osteoarthritis of the hips directed caused by years of wear-and-tear from poor conditions at Union Pacific's Kansas City area rail yards. He claimed that his physical problems were directly caused by conditions at UP's rail yards. UP's own specifications, as well as industry standards, recommend the use of smaller "yard ballast" (1 ¼" in size or less) to cover walkways in rail yards to provide a safe walking surface for rail workers. Instead, UP used a larger, coarser "mainline ballast" that creates a surface that witnesses testified is extremely difficult to walk on, causing workers ankle, knee and hip pain after a full day of walking on it."

Outcome: The jury has returned its verdict finding in favor of plaintiff and against defendant and assessing damages at $1,427 million. Accordingly, It is ORDERED, ADJUDGED and DECREED that plaintiff JAMES G HEVERLY have a recover of defendantUNION PACIFIC RAILROAD COMPANY the sum of $1,427,625, together with costs.

Plaintiff's Experts:

Defendant's Experts:

Comments: