Driver's vehicle dropped by crane: FELA liability: Spinal injury: Embolism: Verdict

Law Reporter, Jun 2000

Mena v. Union Pac. R.R. Co., Cal., Los Angeles County Super. Ct., No. NC021993, Jan. 13, 2000.

Mena, 29, was unloading a container from his truck at a railroad intermodal yard. The container failed to release and his truck was picked up and dropped about five feet by a crane. Mena suffered an annular spine tear at LA-S1 and underwent a spinal fusion. Afterward, he developed an embolism, requiring hospitalization. His medical expenses totaled about $119,800. He had been a hustler, earning approximately $41,000 annually. He has been unable to return to work and is permanently restricted from lifting. He now walks with a limp.

Mena sued the railroad under the Federal Employees Liability Act (FELA), 45 U.S.C. 51 et seq., alleging that defendant failed to provide him with a safe place to work. Plaintiff also claimed that the loading and unloading procedures were unsafe and inadequately supervised by defendant.

A jury awarded plaintiff $1.47 million, reduced to approximately $1.15 million after a finding that plaintiff was 22 percent comparatively negligent.

Plaintiff's experts were Steven Nagelberg, orthopedic surgery, Downey, Cal.; James A. Evenson, economics, Boulder, Colo.; and M. Robert Wilson, accident reconstruction/safety, Whittier, Cal.

Defendant's experts were Steven IL Graboff, orthopedic surgery, Huntington Beach, Cal.; Peter D. Wrobel, economics, Los Angeles, Cal.; and John M. Janzen, rehabilitation, Boise, Idaho.

Plaintiff s Counsel

*Thomas L. Schlothauer, Los Angeles, Cal.