$10 Million FELA Verdict

$10 Million Verdict for Injured CSX Railroad Conductor

Date: November 16, 2010

Richard Burden, a resident of Owensboro, Kentucky was awarded $10 million, reduced by 10 percent contributory negligence to $9 million, by a jury in the U.S. District Court for the Southern District of Illinois located in East St. Louis, Illinois. The verdict was rendered Wednesday evening, November 10, after seven days of trial. The verdict was against Burden's employer, CSX Transportation of Jacksonville, Florida. CSX had offered $600,000 to settle the case prior to trial.

On August 10, 2007, Burden, while working as a railroad conductor for CSX, was releasing vertical hand brakes on a tank car at approximately 11 p.m. As Burden dismounted the tank car, he fell as a result of defendant's failure to provide a safe dismounting area along the side of the track.

As a result of Burden's accident, he sustained a fractured leg, a neck injury which required surgery at three disk levels, a low back injury and a traumatic brain injury. As a result of Burden's traumatic brain injury, he sustained short-term memory loss. He was treated as an in-patient at NeuroRestorative in Carbondale, Illinois. As a result of his injuries, Burden has been unable to work since the day of the accident and has been adjudicated totally unemployable.

This case was tried in the U.S. District Court in East St. Louis, Illinois, before the Honorable Chief Judge David R. Herndon. Mr. Burden was represented by John P. Kujawski, an attorney at Kujawski Marcus, LLC, of O'Fallon, Illinois. The defendant was represented by Boyle, Brasher, a law firm located in St. Louis, Missouri.

For further information contact John P. Kujawski at 618-622-3600.