Laborer falls when ladder breaks: FELA liability: Back, leg injuries: Verdict

Law Reporter, Mar 2004

Early v. Burlington N. & Santa Fe Ry. Co., Mo., St. Louis City Qr. Ct., No. 012-09839, June 27, 2003.

Early, 40, worked as· a laborer with the Burlington Northern and Santa Fe Railroad. Early was using a ladder when it broke, causing him to fall four to five feet to the ground.

Early suffered a herniated disk at L5-S1, and injury to his leg. His past medical expenses were $105,000 and his future medical expenses are estimated at $1.4 million.

Early is unable to return to work. His total lost income is estimated at $978,000.

Early sued the railroad under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51 et seq. Suit alleged defendant had failed to provide plaintiff with a safe method to perform his work, in that the ladder was defective. Defendant denied the defect.

A jury awarded $5.5 million. Defendant has filed a motion for a new trial, claiming errors in evidentiary rulings.

Plaintiff's experts were John Brayton, neurosurgery, Naperville, 111., and Thomas J. Kelley, pain assessment and management, Chicago, 111.

Defendant's physical medicine/rehabilitation expert was Bernard Randolph, St. Louis, Mo.

Plaintiffs Counsel

*Roger C. Denton, St. Louis, Mo.

*Jerome J. Schlichter, St. Louis, Mo.