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Plaintiff v. Transportation Company

August 2011

A Sedgwick trial team obtained a successful verdict for its client, a major railway company, in a personal injury action brought in the 17th Judicial Circuit Court in Florida.  The plaintiff alleged serious back injuries as the result of a fall that occurred when he attempted to move a draw-head (a railroad car component that permits it to physically connect to other cars).  According to the plaintiff, the fall resulted in traumatic disc herniations, and required extensive back surgery.  He further alleged that these injuries placed him at a heightened risk for future problems and additional surgeries.  The plaintiff’s attorneys sought damages in the amount of $950,000.  Sedgwick contested fault, asserting the defenses that the plaintiff was the cause of his accident and that most, if not all, of his physical problems were attributable to a pre-existing back condition.  The jury agreed.  While returning a verdict of liability, the jury assessed 99 percent of the fault against the plaintiff himself and awarded zero future damages.  On a gross award of $156,000 for past wage loss, pain and suffering, the net verdict against our client for its 1 percent negligence was $1,560.00.  The plaintiff's post-trial motions for a new trial and for additur have been denied.