Houston Jury Awards $595,000 in Locomotive Accident

On March 3, 2015, a machinist employed by a railroad company was inspecting a locomotive consist at Settegast Yard in Houston, Texas, when the consist unexpectedly moved. An emergency derail device malfunctioned, causing the consist to enter the Roundhouse and collide, leading the plaintiff to strike a locomotive wall. Post-incident analysis revealed an unrepaired electrical malfunction in one of the locomotives caused the accident. The plaintiff sustained injuries to the back, spine, arm, shoulder, and rotator cuff, requiring multiple surgical procedures and rendering them unable to return to their railroad occupation.

The plaintiff filed a complaint against the railroad company on February 9, 2018, alleging violations of the Locomotive Inspection Act and a failure to provide a reasonably safe workplace. The plaintiff sought compensation for past and future physical pain, suffering, disfigurement, bodily impairment, disability, mental and emotional suffering, lost wages and earning capacity, medical expenses, and household services. The defendant admitted negligence caused the train's movement but denied responsibility for the plaintiff's injuries, asserting the plaintiff's own negligence, pre-existing conditions, failure to mitigate damages, and that a subsequent termination for a positive drug test result impacted earning capacity.

On October 29, 2020, a jury rendered a verdict in favor of the plaintiff, awarding total damages of $595,000. This included compensation for past and future lost earning capacity, past physical pain, past mental anguish, and past and future physical impairment. The court also awarded the plaintiff $50,000 in attorneys' fees and costs. On January 11, 2021, the plaintiff's claims against the railroad company were dismissed with prejudice, indicating a likely settlement was reached following the jury verdict.