Train Conductor Injured When Locomotive Was Struck By Truck
In 2004, a tractor-trailer owned by Southern Minnesota Construction and driven by Robert Wayne Holt disregarded a stop signal and collided with a locomotive driven by plaintiff Kenneth Frazier, 40s. Frazier ducked down right before the impact and sustained a lower back injury.
Frazier sued Southern Minnesota Construction. The defense admitted liability and thus the trial proceeded on damages and injury causation.
Frazier claimed that he is experiencing terrible emotional turmoil as a result of the accident, and the death of Holt. He sought medical care nearly six months after the crash. His physician found a herniated disc at L3-4 with some fragmentation. The herniated disc was treated with conservative care including epidural injections. Frazier was recommended to have a sedentary position.
Plaintiff’s counsel presented testimony of a vocational rehabilitation expert who stated that Frazier will experience lost earnings because of his injury. Frazier will likely earn $18 less an hour because of his injury. If Frazier returns to school and earns an associate’s degree he will likely earn $10 or $12 less an hour.
Defense counsel disputed causation, defense counsel noted that Frazier had prior disc degeneration.
The defense expert in biomechanics opined that the accident was unlikely to cause Frazier’s injuries. The likelihood of a locomotive being affected by crashing into a much smaller vehicle is slim.
Plaintiff’s counsel countered that Frazier was following established crash procedure by ducking down to the ground below the locomotive windshield in the event of a crash situation.
The jury awarded Frazier $1.14 million in damages.