Past Cases
We prepare our cases for trial. Because of this, the vast majority of our cases are resolved outside of court. Due to the dollar amounts involved the railroads have conditioned these settlements on confidentiality clauses. Although we would prefer that the settlement amounts be matters of public record we also recognize that our clients have the absolute right to accept confidentiality in exchange for the financial security that comes with a fair settlement. Because of these agreements, we cannot publish the recoveries obtained by most of the clients represented by the lawyers at Reddy Baran & Kral. Below are a few examples of the type of cases the lawyers at Reddy, Baran & Kral have handled:
- Conductor injured shoulder removing end of train device from car on siding. Diagnosed with torn rotator cuff. Jury verdict for $4,700,000 ($4.7 million). Jury rejected railroad argument that conductor was at fault. The verdict was upheld on appeal. Railroad had to pay full verdict plus interest.
- Engineer was injured when he jumped from van stopped on highway in snowstorm. He feared that the van was going to be hit by oncoming tractor trailer. (fortunately this didn’t happen). He suffered a broken nose and four broken teeth. Railroad denied responsibility. Engineer incurred approximately $13,300 in lost earnings and $8,500 in medical bills. Jury returned verdict of $413,000 in favor of plaintiff. $50,000 of this verdict was for his wife’s loss of consortium.
- Engineer and conductor in van that collided head-on with on-coming pick up truck. It appeared that pick- up crossed into their travel lane. Plaintiff and conductor alleged that van driver was speeding and not paying attention - otherwise he could have avoided collision. Both cases successfully resolved by confidential settlement.
- Engineer suffered asthma type symptoms due to exposure to diesel exhaust emissions from poorly maintained engine used in outlying point. Engineer’s doctor advised him to avoid future exposure so couldn’t return to work. Case successfully resolved 1 week before trial with confidential settlement.
- Engineer suffered asthma due to diesel exhaust exposure throughout his career. Jury verdict : $2,660,000.
- Engineer claims breathing problems due to hypersensitivity pneumonitis caused by mold conditions in poorly maintained locomotive air conditioning units. Successfully resolved by confidential settlement.
- Conductor injured stepping off locomotive at night as a result of unsafe ground conditions. Jury verdict $895,000. This verdict was reduced by 15% based on railroad’s affirmative defenses.
- Conductor injured getting off locomotive at night due to hole in ballast. Successfully resolved by confidential settlement.
- Engineer injured when seat on engine breaks. Summary judgment awarded in favor of engineer. Successfully resolved by confidential settlement.
- Engineer injured when slips on oil on locomotive walkway. Successfully resolved by confidential settlement.
- Crewmember injured when train has undesired emergency brake application. Succesfully resolved by confidential settlement.
- Maintenance of way worker injury by defective tool. Succesfully resolved by confidential settlement.
- Crew member suffers post-traumatic stress following collision with tractor trailer stopped on railroad crossing. Successfully resolved by confidential settlement.
- Engineer injured stepping out of van in icey parking lot. Succesfully resolved by confidential settlement.
- Railroader suffers mesothelioma due to asbestos exposure on job. Succesfully resolved by confidential settlement.
- Railroader injured in fall trying to get out of room when false fire alarm activated at overnight lodging succesfully resolved by confidential settlement.