BCA Notable Verdicts

Shortly before the global pandemic closed all California courts, a jury in Tulare County, CA awarded Union Pacific BMWE member Dennis Jordan $1.3 Million in damages due to the Railroad’s negligence in causing his injuries. While working on a faulty tamper Jordan was exposed to diesel fuel fumes over a two day period that caused reactive airways disease syndrome. Jordan’s chief expert was environmental doctor Robert Harrison from the University of San Francisco who explained the progressive and permanent nature of his injury. Jordan was represented by Jim Morris of BCA.

Fort Bend Mechanical was the general contractor under 5 contracts with Houston Independent School District for renovation and new construction to six campuses as part of a billion dollar bond program approved by the taxpayers in 2007. HISD determined that they would exercise their right to terminate completion. The result of this transition left a number of disputed closure obligations between the parties. FBM and HISD then brought legal actions against each other, alleging dozens of separate contractual breaches on four of the five contracts covering the six campuses. The jury of 7 women and 5 men agreed with the complaints asserted by Fort Bend Mechanical, and awarded damages and legal fees in excess of $7 million dollars in their verdict. They rejected every claim brought by HISD.

BCA recently obtained a $5,000,000.00 verdict on behalf of Greg Gibbons, a 20-year BMWED member, who was driving a dump truck full of ballast across a UP bridge made from a converted flatcar. The bridge collapsed and the excavator he was towing, the truck and the load collapsed with the bridge. Greg jammed his neck and back from the fall. After being treated by the COMPANY DOCTOR and sent back to work, Greg dealt with continued pain for two more years before going to his OWN doctor, who discovered the full extent of his injuries. As a consequence, he was able to have surgery which helped some of the damaged areas of his spine.

Jury verdict for a brakeman who was injured riding point on a cut of cars into a dark rail yard at night. Brakeman was thrown from the car and injured his back.

Settlement for an engineer who was injured in route when the engineering chair broke. The internal crew had failed to properly inspect the chair.

Settlement for a brakeman who was injured when a ladder on the car failed causing the brakeman to fall backwards.

Settlement for a Maintenance of Way worker when a derail device failed causing the worker to be run over by the highrail.

Confidential settlement for a roundhouse worker who was run over by a car. The car’s electric engine failed causing the car to roll and smash the worker against another car.

Case against DOW Chemical in which a worker was smashed between two cars due to insufficient clearance. The worker required 25 surgeries on his lower body and is now wheelchair-bound. Accident occurred in May of 2010. The case is pending.