Verdicts and Settlements

Brian's client suffered a soft tissue injury to his shoulder known as a rotator cuff tear. He was injured while removing what's known as an end-of-train device from a stationary railroad car. The end of the train device fell from its cradle unexpectedly, and yanked the man's arm, tearing his rotator cuff. The railroader underwent multiple surgeries to repair the tear. However, the surgeries were unsuccessful, and he could not return to the type of manual labor he was used to. 

After a two-week vigorously contested trial, the jury awarded Brian's client a $4.7 million verdict in damages for loss of earnings and pain and suffering. 

A conductor injured his back after stepping on a large piece of coke in the rail yard at night. The jury awarded the Plaintiff a verdict of $2.5 million. 

Brian represented a motorcyclist who suffered a back injury when another driver started to turn left in front of him. Although the Defendants denied responsibility and claimed that the motorcyclist was at fault, a $1.3 million settlement was reached prior to trial. 

Brian represented a man who broke his leg when a scaffold piece broke.  The Defendant denied any responsibility. After a week-long trial a Lorain County, Ohio, the jury awarded the injured man a $903,000 verdict. This was the second time a jury awarded Brian's client the exact amount Brian suggested to the jury.  

A car department worker injured after lifting an End of Train device (EOT).  The jury awarded the Plaintiff a verdict of $1.3 million.  

Brian represented a young mother who was attacked by a dog while waiting to meet her children at the school bus stop. She suffered a puncture wound in her wrist and developed a nerve entrapment requiring arthroscopic surgery. A large confidential six-figure settlement was reached prior to trial. 

In an unusual case Brian represented a man who was being transported by a limo service during bad winter weather in upstate New York. The driver missed his exit on the New York state Thruway. When he realized this he started to reverse on the thruway to get back to the exit. Brian's client saw a large truck approaching the car and decided that rather than await a collision, he would jump out of the limo. He did this and sustained a broken nose and 4 broken teeth. No collision occurred.

The client was unable to work for approximately 2 weeks due to his injuries. The limo insurance company's lawyers argued that it was the client's fault because he should have just sat tight and since ultimately no collision occurred he would have been fine. Brian argued that you cannot Monday morning quarterback the decision and must look at it at the time when the decision was made, when the collision looked like it was going to happen. The jury agreed and awarded Brian's client the exact amount he suggested the jury should award - $375,000. The jury also awarded the passenger's wife $50,000, giving a total jury award of a $425,000.00 verdict.

A conductor was injured stepping off a locomotive at night, as a result of poor lighting and unsafe ground conditions. Jury verdict for Plaintiff - $895,000.00. This verdict was reduced by 15% based on the railroad's affirmative defenses. 

A locomotive engineer was injured when he jumped from a van stopped on the highway in a snowstorm. He feared that the van would be hit by an oncoming tractor trailer - (fortunately this didn't happen). He suffered a broken nose and four broken teeth. The railroad denied responsibility. The engineer incurred approximately $13,300 in lost earnings and $8,500 in medical bills. Jury verdict for Plaintiff - $413,000.00. $50,000 of this verdict was for his wife's loss of consortium.