Diesel Mechanic Obtains $ 5.4 Million Net Verdict Against Railroad In Illinois State Court FELA Action After Jury Finds Slip On Fuel, Not Intervening Car Crash, Caused Hernia And Back Injuries
On April 12, 2011, 37-year-old plaintiff Andreas Bakopoulos was working as a diesel mechanic and pulling on a pipe wrench when he slipped on diesel fuel at Union Pacific Railroad Company's Global One Yard facility located in Chicago, IL. Plaintiff sustained a left inguinal hernia that was surgically repaired shortly after the April 2011 event, but still had back pain that had not resolved. He saw a spine specialist and went through physical therapy and lumbar injections, eventually returning to work in the Fall of 2011. He continued to work through August of 2012, while still taking pain medication for his back, when he was involved in a serious unrelated car accident causing a severe right ankle fracture that required two surgeries and extensive rehabilitation. He subsequently went to see a spine specialist for his unresolved back pain and eventually underwent a two-level spinal fusion (L4-5, L5-S1) that resolved his radicular complaint but not his back pain. He was ultimately referred to a pain management physician and had a spinal cord stimulator placed for his back pain. Because of restrictions related to the ankle injury, plaintiff was unable to return to work. Plaintiff reached a $ 2,950,000 settlement in a vehicular negligence action against the driver and driver's employer.
Plaintiff filed a complaint against defendant Union Pacific Railroad Company in the Circuit Court of Cook County, IL, contending that defendant violated the Federal Employer's Liability Act by failing provide him with a safe place to work, which included not having a functioning water supply available to clean the spilled fuel out of the work area; failing to provide proper tools to do the work as a pipe wrench was not the correct tool to use; failing to follow their own job briefing safety rules once plaintiff brought the fuel leak to his supervisor's attention; and refusing his requests for assistance with the repair, forcing him to make the repair while standing in an area covered in diesel fuel.
Defendant denied the allegations and alleged that plaintiff overexerted himself while trying to loosen the fitting, did not properly brace himself while working, and should have used available fuel spill pads to clean up the fuel. Defendant also claimed that the intervening car crash caused plaintiff's disc herniation at L4-L5 and the need for the spinal surgery and stimulator since he had returned to work full duty with no restrictions before the car crash and it was not until after the crash that his MRIs revealed the disc herniation.
The action proceeded to a jury trial before Judge Thomas V. Lyons, II. On Feb. 9, 2017, the jury awarded $ 9,000,000, reduced by 39.5% for plaintiff's contributory negligence, resulting in a net verdict for plaintiff of $ 5,445,000. All damages awarded were for pain and suffering and loss of normal life as plaintiff had not requested economic damages. Defendant had offered $ 50,000 during trial and a $ 100/300K high low after the jury began deliberations, both of which were rejected. Plaintiff's last demand was $ 3,000,000. Plaintiff asked the jury for $ 9,000,000.
Plaintiff was represented by Christopher Michael Norem, Amanda Martin and Matthew Coleman of Parente & Norem.
Lexis Advance subscribers may view the complete summary here: Andreas Bakopoulos v. Union Pacific Railroad Company; 2017 Jury Verdicts LEXIS 214.
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