Representative Cases

The Attorneys at Harrington, Thompson, Acker & Harrington, Ltd. (HTAH) are well-known throughout the legal community in the Midwest for obtaining significant results for clients in both railroad and non-railroad personal injury litigation. The following highlight some case results that are representative of our practice:

• $4,850,000 settlement during trial for a client who sustained a fractured skull and subsequent brain damage after being struck on the side of the head by a railroad engine
• Jury verdict of almost $800,000 for a client who sued his railroad employer when he was struck and seriously injured by a drunk driver who was an uninsured motorist
• $550,000 settlement for a railroad employee who injured his knee when he slipped and fell while dismounting a railcar
• $1,000,000 settlement for the wife of a railroad employee who was injured when debris fell off a truck
• $550,000 settlement for a railroad employee who was injured on his way to work and who was able to return to full brakeman's duties with his employer six months later
• $495,000 settlement reached in court for a railroad employee who sustained a wrist injury due to a defective handbrake

RECENT VERDICTS and SETTLEMENTS

• $6,000,000.00
  Six million in guaranteed payments for severe injuries to railroad conductor caused by inadequate training

  Railroad conductor was seriously injured when short line railroad failed to provide adequate training to new employees and engineer shoved train into a stationary cut of cars causing the conductor to sustain severe injuries to his leg.

• $5,350,000.00
  Present cash value of settlement for child struck by train while fishing from railroad bridge

  Minor child struck by a train while fishing from a railroad bridge. Evidence developed during discovery demonstrated that photographs taken at the scene immediately following the incident were lost or destroyed by the railroad creating an inference that the railroad attempted to conceal harmful evidence.

• $3,000,000.00
  Jury verdict for the wrongful death of wife and mother struck by out of control driver

  Jury verdict arising out of a motor vehicle accident that resulted in the death of a wife and mother of two children. There was no wage loss and a settlement offer prior to trial in the amount of $50,000.00 was rejected.

• $2,700,000.00
  Present cash value of medical malpractice settlement for failure to diagnose back injury

  59 year old female patient was evaluated in hospital emergency room for intense back pain and radiating symptoms. Hospital and attending physician failed to properly diagnosis the source of the pain resulting in delay in treatment and partial paralysis.

• $2,250,000.00
  Settlement for railroad conductor for on-the-job injury caused by violation of Code of Federal Regulations

  Railroad conductor sustained severe leg injuries due to a CFR radio rule violation that occurred during switching operations. Extensive investigation revealed that incomplete instructions resulted in an unexpected movement of railroad cars. The Court found as a matter of law that the railroad was responsible for the injuries sustained by the conductor due to a radio rule violation.

• $2,000,000.00
  Wrongful death of heavy equipment operator caused by unsafe construction equipment

  A 40 year old husband and father was killed when the air brakes on a heavy equipment trailer failed causing a bulldozer to roll off the trailer and crush the operator. Evidence was presented to show that proper brakes and warnings on the trailer would have prevented the incident and a rollover protection device on the bulldozer would have prevented the death.

• $2,000,000.00
  Wrongful death settlement for IBEW lineman electrocuted while at work due to unsafe construction practices

  An IBEW lineman was electrocuted while working on a utility pole in northern Illinois. An aggressive discovery strategy led to the realization that both the utility company and a management company were aware of the unsafe work practices at the work site. After successfully defeating a request for complete dismissal of the case, the parties reached a settlement with a present cash value of two million dollars and over three million in guaranteed payments.

• $1,900,000.00
  Medical malpractice settlement with guaranteed payments exceeding two million dollars for wrist and arm injury caused by hospital negligence

  A hospital nurse used an improper technique and the wrong size needle for a routine injection that caused permanent nerve damage to a patient’s arm and wrist. After a vigorous defense, the hospital agreed to a settlement on the eve of trial consisting of present and future payments of almost two million dollars.

• $1,625,000.00
  Settlement for the wrongful death of self-employed painter at unprotected railroad crossing

  Settlement for the family of a 47 year old self-employed painter who was killed at an unprotected railroad crossing. Evidence developed during discovery demonstrated that the train was speeding and that railroad management failed to provide the crew with correct information regarding the maximum allowable speed for the class of track involved.

• $1,500,000.00
  Settlement for railroad conductor injured on industry property due to accumulation of iron ore pellets

  Conductor for a short line railroad sustained serious leg fractures on industry property caused by iron ore pellets that industry claimed were open and obvious. After a vigorous defense, and no offers prior to litigation, the railroad and the industry jointly agreed to settle before jury selection.

• $1,265,000.00
  FELA verdict for back injury to conductor a rail car rolled onto the main line track due to defective derail

  A cut of railroad cars rolled onto the main line track into the path of an oncoming train. The railroad claimed that vandalism caused the occurrence, but evidence presented at trial demonstrated that a derail had not been properly installed. The jury found for the injured conductor after a ten day trial.

• $1,100,000.00
  Settlement of FELA claim for railroad conductor injured by a broken engine seat.

  A 44 year old conductor for a major railroad sustained a disabling back injury caused by a broken engine seat. The employee attempted to return to work after back surgery, but was unable to do so.

• $1,100,000.00
  FELA verdict for knee injury to railroad conductor

  An experienced conductor sustained a knee injury while aligning a defective drawbar. The case proceeded to trial and the jury returned a verdict in favor or the employee.

• $1,050,000.00
  Settlement in FELA case for railroad conductor who sustained back and leg injuries when driver of independent transport van lost control and left the road.

  A 34 year old engineer trainee sustained fractured back and kidney damage when the driver of a transport van lost control of the van and struck an embankment.

• $1,050,000
  FELA verdict in Toledo Ohio for conductor’s carpal tunnel injury

  Railroad engineer failed to obtain a proper set-up and release from the rear end of train resulting in a severe slack run-in which threw the conductor out of his seat and against the wall causing a traumatic carpal tunnel injury.

• $1,050,000.00
  FELA verdict for knee injury to 59 year old railroad conductor

  The conductor in this case sustained a significant injury to his knee and was assured by the railroad that a fair settlement offer would be made once he completed his medical treatment. When the conductor was released by his doctor, the railroad contended that he was not seriously hurt because he never spent a night in the hospital. An inadequate offer to settle was rejected and the jury returned a verdict in excess of a million dollars.

• $1,000,000.00
  FELA settlement for railroad engineer who was injured when a transportation van left the roadway

  A 52 year old locomotive engineer was injured while being transported back to his home terminal in a van. The employee sustained disabling injuries to his low back when the van driver lost control of the vehicle, allegedly due to icy road conditions.

$1,000,000.00
Verdict for engineer injured on icy engine step

Jury verdict in FELA case arising out of a slip and fall on an icy locomotive step. The engineer struck his head and sustained a traumatic brain injury that affected the engineer's functioning and personality.

• $1,000,000.00
  FELA settlement for conductor who suffered loss of lower leg while attempting to board moving equipment

  Experienced railroad conductor sustained traumatic injury resulting in loss of leg while attempting to mount moving equipment. Railroad claimed that there were no defects in the equipment and that the employee was the sole cause of his own injuries. However, a prompt investigation by HTAH demonstrated that grab iron on the rail car which caused the employee to lose his grip and his balance.

• $900,000.00
  FELA settlement for knee injury to conductor

  A 59 year old conductor injured his knee when he stepped in a hole along the switching lead. Railroad claimed that injury was the conductor’s fault and that he was about to retire. Jury believed that conductor would have continued working and awarded lost wages to age 65.

• $890,000.00
  Jury verdict for railroad conductor hit by drunk driver

  Prior to trial, all blame had been placed on a drunken driver who carried only $25,000.00 in insurance coverage. Realizing that the railroad also contributed to the collision by failing to provide the conductor with proper safety equipment, jury returned a verdict against the railroad under the FELA.

• $880,000.00
  Jury verdict for off-duty railroad engineer injured by fireworks

  While waiting to eat dinner at a local bar and restaurant, the bartender presented the off-duty engineer with a large firework that was subsequently lit by an unidentified customer. The firecracker exploded in the engineer’s hand causing partial loss of th the thumb. and nerve damage. The offer prior to trial was $40,000.00. The verdict was upheld on appeal and the entire verdict, plus interest, was paid by the insurance carrier for the restaurant.

• $875,000.00
  Arbitration award to land surveyor in underinsured motorist claim

  Construction surveyor on his way to work was struck by a motorist with minimal insurance coverage. The claim against the party at fault was settled for the limits of the available insurance. HTAH then pursued an underinsured motorist claim and obtained an award from an independent arbitration panel that resulted in total payments of over one million dollars to the injured passenger.