The Attorneys at Harrington, Thompson, Acker & Harrington, Ltd. 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.
$12,000,000.00 — Over Twelve million in guaranteed payments for arm and shoulder amputations.
- Railroad employee in early 20’s tragically injured when crushed by a moving railroad car during switching operations conducted contrary to railroad’s own operating rules.
$1,500,000.00 — To Railroad Conductor with permanently disabling ankle injuries.
- Railroad conductor in mid 30’s was permanently disabled from his craft after air piping ruptured and pinned his leg to a railroad track and injured his ankle. The railroad attempted to blame the pipe rupture on “climate changes” in Northwest Indiana during winter.
$1,180,000.00 — To Railroad Conductor with Permanent Nerve Injury.
- A railroad conductor in his late 20’s sustained a permanent nerve injury subsequent to a piece of railroad equipment falling on his foot.
$810,000.00 — To Railroad Conductor Subsequent to Taxi Van Crash
- A railroad conductor suffered a disabling shoulder injury subsequent to a crash in a taxi van hired by his employer to transport he and his crew. The employee remains employed by the railroad in another capacity.
$230,000.00+ — Wage Loss and Punitive Damage Award Against Canadian National for Illegal Firing of Employee.
- Department of Labor ordered CN to pay $100,000.00 in Whistle blower action to a railroad conductor fired for refusing to perform an unsafe work task plus full back pay of over $90,000.00 and compensatory damages of $45,000.00. A detailed newspaper publication of the case can be found at http://www.thetimesherald.com/story/news/local/2015/08/22/conductor-prevails-suit-cn/32188363/
$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.
$3,000,000.00 — Settlement for railroad employee’s leg amputation after crushing injury.
- Railroad conductor sustained below the knee leg amputation after a collision with a truck at a road crossing in Ohio. Railroad found liable as a matter of law for locomotive engineer’s failure to stop train in accordance with railroad operating rules and Code of Federal Regulations.
$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.
$2,400,000.00 — Wrongful death minor child of single mother subsequent to motorcycle crash.
- Minor child recovered after tragic death of his mother when the driver of a motorcycle in which she was a passenger was cut-off by a phantom car. Decedent was a 33 year old single mother and nurse.
$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, 250,000.00 — FELA wrongful death after conductor struck by passing train in snow storm.
- Recovery to minor children and widow subsequent to road conductor being struck and killed by a passing freight train. Railroad contended conductor was improperly foul of live tracks, while we established unsafe ground conditions necessitated movement in the area in the path of potential moving equipment.
$1, 250,000.00 — Recovery to employee permanently disabled from occupation subsequent to railroad yard collision.
- Railroad conductor in his thirties recovered for injuries disabling him from his craft subsequent to cars being shoved at a high rate of speed into his engine.
$1,200,000.00 — Partial foot amputation during coupling process.
- While working at a steel mill an employees foot was coupled between cars while attempting to align drawbars ultimately resulting in partial foot amputation.
$1, 200,000.00 — Leg amputation recovery to steel mill employee from railroad.
- A steel mill employee was assisting railroad operations at a steel plant when a fellow steel mill employee improperly moved a train causing him to be run over. Recovery was solely against third-party railroad for alleged failure to have efficient handbrakes on the cars involved.
$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.
$1,050,000.00 – FELA verdict for Toledo, Ohio 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 our firm demonstrated that grab iron on the rail car which caused the employee to lose his grip and his balance.