Employee slips in rail yard: Failure to mitigate hazardous condition: FELA liability: Knee injury: Settlement

Law Reporter, Jun 2000

Haddock v. Union Pac. R.R. Co., Cal., Los Angeles Super. Ct., No. BC 198596, Nov. 8,1999.

Haddock, 48, was walking through a diesel maintenance facility. He slipped on mud, oil, and grease that had accumulated near some tracks but was covered by sand. He twisted his right knee, resulting in a tear of the medial meniscus. He underwent surgery to repair the tear and is now permanently restricted from repetitive kneeling and repetitive walking on uneven surfaces. A former freight railroad conductor earning $80,000 annually, he has been unable to return to his job. He now works as a paralegal, earning $40,000 annually.

Haddock sued the railroad under the Federal Employer's Liability Act (FELA), 45 U.S.C. 5 51 et seq. Plaintiff alleged defendant did not provide him with a safe place to work in that it lacked (1) a policy for taking care of oil and grease that accumulated near the tracks, despite its knowledge that this was a hazardous condition, and (2) routine maintenance or inspection schedules to check for accumulations of oil and grease. Defendant argued that the area was made safe by sand covering the oil and grease.

The parties settled for $775,000.

Plaintiffs experts were Stephen P. Suzuki, orthopedic surgery, Riverside, Cal.; Richard H. Andersen, vocational rehabilitation, Westminster, Cal.; and Peter Formuzis, economics, Santa Ana, Cal.

Defendant's experts were James T. London, orthopedic surgery, San Pedro, Cal.; Peter D. Wrobel, forensic accounting, Los Angeles, Cal.; and June Hagen, vocational rehabilitation, Los Angeles, Cal.

Plaintiff's Counsel

*Scott A. Kennedy, San Diego, Cal.

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