Johnson & Bell Shareholder, Brian P. Gainer, secured a favorable outcome in a FELA case for his public transit client. While the plaintiff sought $1.8 million in damages and the jury ultimately ruled in his favor, the jury awarded only $195,000 in damages. In this case, the plaintiff, a conductor at a public transit agency, claimed to trip, fall and injure his wrist while walking through a rail yard. The plaintiff was originally diagnosed with a possible fracture that was later determined to either be a fracture or sprain, depending on the doctor. The plaintiff returned to work on two separate occasions before having surgery to repair carpal tunnel and cubital tunnel syndromes. Ultimately, the plaintiff returned to work less than a year after the incident. At trial, defense contended that the public transit agency provided the plaintiff with a reasonably safe place to work, as required by the Federal Employers Liability Act (FELA). Mr. Gainer also argued that his client did not receive notice of a hazardous condition in its rail yard – a fact the plaintiff contested. Defense also asserted that the plaintiff was not injured to the extent that was claimed and that the symptoms of carpal tunnel and cubital tunnel syndrome were not related to the incident in question. In granting a verdict to the plaintiff, the jury appeared to give enormous weight to defense’s argument as they awarded less than 11 percent in damages compared to plaintiff’s demand to the jury.
About Johnson & Bell
Clients rely on Johnson & Bell to defend their interests in court. Since 1975, we have developed a reputation for providing legal counsel that accomplishes our clients’ business objectives. Building on a track record of success handling major catastrophic personal injury cases, Johnson & Bell continues to represent numerous clients across a broad array of business concerns. We work with clients to mediate, settle or litigate their business issues. In addition, our lawyers represent clients in a wide range of commercial transactions and commercial litigation in both State and Federal court, locally and throughout the country.