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A 52 year old railroad worker was
assigned to take a generator located in the rear of a storage
trailer to a work site. There was no electrical lighting in the
trailer causing the trailer to be extremely dim. There was also
supposed to be a pathway down the center of the trailer but on this
particular day there was no pathway because the trailer was filled with
construction materials. While the Plaintiff was lifting the
generator in a cramped and dimly lit area he stepped onto a small
object on the floor causing him to lose his balance and injure his
back.
The Plaintiff underwent an unsuccessful back
operation and post-operatively had three (3) follow-up surgeries
resulting in multiple complications. Plaintiff claimed
permanent disability resulting in a loss of past and future
earnings.
It was Plaintiff's contention that the railroad
was negligent for failing to provide electrical lighting inside the
trailer and for failing to provide a pathway inside the trailer.
Our law firm retained an electrical engineer and a
safety engineer to testify at trial.
RESULT: $3,000,000.00
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