Conductor forced to work in snowstorm: Unsafe conditions: Failure to inspect: Frostbite: Bone injury: Verdict

Law Reporter, Nov 2004

Chaffin v. Union Pac. R.R., U.S. Bist. Ct., D. Ran., No. 02-1188-JTM, May 17, 2004.

Chaffin, 48, a conductor for a railroad, was trying to clear ice and snow from rail yard switches that had not been cleaned by a maintenance crew during a snowstorm. He suffered frostbite, resulting in a traumatic foot bone injury, which later required surgery. His past medical expenses were $2,000, and his future medical expenses are estimated at $5,000. As a result of his injuries, Chaffin, who had been earning $60,000 annually, has only been able to find part-time work as a handyman, making slightly more than minimum wage. His past lost wages were $40,000, and his future lost wages are estimated at about $600,000.

Chaffin sued the railroad, alleging failure to provide a safe workplace or to inspect the workplace. Plaintiff alleged defendant allowed snow and ice to accumulate in the areas in which he was expected to work and that it failed to provide the tools necessary to remove the snow and ice.

Defendant contended plaintiff was at fault for not reporting the unsafe condition and for letting himself get frostbite before informing his employer. Defendant also denied plaintiff had any injuries.

A jury awarded $1.3 million. The award was subsequently reduced to $819,000 to reflect the jury's finding that plaintiff was 37 percent at fault. Defendant's motions for judgment notwithstanding the verdict and new trial were denied. Defendant's appeal is pending.

Plaintiff's expert was Greg Horton, orthopedics, Kansas City, Kan.

Plaintiff's Counsel

*Nelson G. Wolff, St. Louis, Mo.