Trial Magazine

David Arizaga, a 42-year-old track maintenance worker for BNSF Railway Co., was attempting to unload a heavy piece of railing with a remote-controlled grapple boom in the railroad’s storage yard. While he was standing next to his work truck, which was equipped with an 83-pound rail rack, the rack fell from the truck, striking his head.

Arizaga suffered a concussion, a spiral fracture to his right lower extremity, a lumbar injury necessitating a two-level decompression surgery, and a cervical injury that will require future surgery. His injuries have prevented him from returning to work in the railroad industry.

Arizaga sued BNSF, alleging negligence under the Federal Employers’ Liability Act. The plaintiff claimed that the rail rack should have had a safety pin to secure it to the truck and prevent it from dislodging.

The plaintiff did not claim medical expenses or lost income.

The jury awarded approximately $1.63 million.

Citation: Arizaga v. BNSF Ry. Co., No. CIVDS1706591 (Cal. Super. Ct. San Bernardino Cnty. Jan. 10, 2019).

Plaintiff counsel: Jarod A. Krissman, Long Beach, Calif.

Plaintiff experts: Mack Quan, mechanical engineering, El Segundo, Calif.; Carol Hyland, vocational rehabilitation and life care planning, Lafayette, Calif.; and Peter Formuzis, economics, Santa Ana, Calif.

Defense experts: Thomas Grogan, orthopedic surgery, Los Angeles; and Michael Rogers, mechanical engineering, Naperville, Ill.