Wisconsin Court OK's $1.6 Million
NFdL Railroad Accident Award
MADISON - A state appeals court has upheld a $1.6 million judgment for an injured railroad worker.
The ruling says a train cab door came off its hinges and fell on Wisconsin Central Ltd. conductor James Kroon in the North Fond du Lac rail yard in July 2003.* * *
“My case was turned down by a number of law firms
but the lawyers at Hunegs, LeNeave & Kvas saw
the potential of my situation and offered to help.
Randy LeNeave convinced the jury of the merits
of my case and a verdict was returned for 1.6 million
dollars in my favor. My family and I are grateful
for Randy’s hard work and faith in me.”
- Jim Kroon, Railroad Conductor
* * *
A Milwaukee County jury last year awarded Kroon the money. Wisconsin Central and its parent company, Montreal-based Canadian National Railway Co., appealed.
They argued the award was excessive and a juror was biased against corporations. They also called for an investigation into whether the jury properly calculated the award.
But the 1st District Court of Appeals says the evidence supports the award and state law bars prying into jurors' deliberations.
Related Article
Jury Awards Injured WC/CN
Railroad Conductor $1,640,415
April 24, 2008 -- A 12-person jury in Milwaukee County Circuit Court, Milwaukee, Wis., returned a verdict of $1,640,415 million dollars in a case brought by James Kroon, a railroad conductor, against his employer, Wisconsin Central/Canadian National Railroad (WC/CN). “Mr. Kroon’s lawsuit was brought under the Federal Employers Liability Act, a federal statute providing a remedy for railroad workers to recover compensation for work-related injuries,” said Hunegs, LeNeave & Kvas attorney Randal W. LeNeave.
James Kroon was injured on July 3, 2003, while working as a conductor for the railroad. As he attempted to enter the locomotive cab on which he was assigned to work, the cab door weighing approximately 150 lbs., fell off its rusted hinges. He re-injured his right shoulder as he reached to regain his balance to prevent being knocked off the locomotive, and to the ground 10-12 feet below. The incident occurred at 2:00 a.m. in darkness.
Mr. Kroon was on his first trip back after being off work 3½ months recovering from arthroscopic surgery to that same shoulder. Fearing for his job, he did not complete an On-Duty Personal Injury Report. He continued working for nearly four months; hoping it would get better. With work activities, especially repeatedly tying and untying handbrakes, his condition worsened. He first saw a doctor four months after the incident.
Mr. Kroon signed a number of medical leave request forms on which he indicated that he was seeking time off for an off-duty injury. He did so after consulting with the Trainmaster and Risk Mitigation Manager (claims agent). He was essentially bribed by the railroad to receive 80% pay for a period of time, in exchange for claiming the injury occurred off-duty. “He played their dirty little game hoping he would get better and get back to work,” said LeNeave. Kroon saw two more orthopedic surgeons seeking to find one who would agree to re-operate on his shoulder and allow him a chance to get back to work. It was not until nearly three years later, after the railroad had medically disqualified him from his job, that Mr. Kroon advised his doctors that his injury
was work-related.
"There was only one explanation for what he said and did not say and what he did and did not do. He had to work." LeNeave said, and added "Kroon was afraid that if he turned in a Personal Injury Report he would be subject to disciplinary investigation and termination." The jury was made aware of the ruthless and heavy-handed manner in which the railroad deals harshly with employees who report on-duty injuries.
After six and a half hours of deliberation, the truth won out. The jury found that the WC/CN Railroad violated the Locomotive Inspection Act. The jury also found the railroad was negligent in its inspection and maintenance of the locomotive. The jury found no negligence on the part of Mr. Kroon and awarded damages of $1,640,415. On the morning of trial, CN continued to deny that it owed Kroon anything.
COURT OF APPEALS DECISION
Dated and Filed April 14, 2009
