Recent, Significant Personal Injury Verdicts

| Legal Results

Patrick S. O’Brien has achieved countless favorable trial verdicts and settlements over the last thirty years on behalf of his clients. The following list is a sample of some of the outstanding results Pat has obtained for his clients over the years.

(Note: Past results cannot guarantee future results since each case is different and has to be judged on its own merits.)

| Significant Verdicts

Dent/Smithwick v. BNSF Railway Company (Fed Court Oklahoma 2021)

This case involved a train separation near Marland, Oklahoma in 2018. The air hoses between the 1st and 2nd car separated causing the rest of the train to slam into the lead locomotive knocking the conductor to the floor of the locomotive and caused the engineer to be exposed to whiplash action. The railroad initially blamed the train crew for improper train handling for 2 years. Shortly before the case was initially set for trial in April of 2020, the railroad admitted to a violation of the Safety Appliance Act. (COVID delayed the trial date until May of 2021.) After a nine-day trial, the jury awarded $640,000.00 to the conductor and $575,000.00 to the engineer who returned to work in December of 2020 for a total verdict of $1,215,000.00

Hand v Norfolk Southern Railway Company, Hamilton County, TN, 94-CV-2354

This case involved a 58-year-old carman who died of primary brain cancer and was brought under the Federal Employees Liability Act. At trial, O’Brien was able to prove that Mr. Hand was exposed to several chemical agents that caused his brain cancer. This was the first verdict in the United States under the FELA for a brain cancer case. The verdict for $3.25 million was upheld on appeal and was the highest verdict on a personal injury case at the time in Hamilton County, Tennessee.

Giddens v Kansas City Southern Railway Company, 29 S.W.3d,813 (Mo. Banc. 2000)

This was a case of a maintenance of way foreman who sustained a severe crush injury of his right hand while performing track repair. Due to decisions made by the trial judge, O’Brien tried this case three times with plaintiff receiving more money at each trial. This case is important from an appellate standpoint in setting standards on the timeliness of notifying plaintiff that defendant had conducted surveillance of plaintiff’s activities. Plaintiff was awarded $1.52 million at the third trial.

Baird v Louisville and Indiana Railroad, Jefferson County, KY, 05-6992

Mr. Baird, a switchman, had one leg amputated below the knee and a major crushing of the other leg when he was run over by three cars during a switching operation. The railroad contended that he called his workplace three days after his injury and admitted fault. At trial, O’Brien was able to prove that the railroad could have easily avoided this tragedy. The jury awarded plaintiff $9.33 million.

Recent Verdicts |

Schafer v Auto-Owners Insurance Company (Indiana) (January 2014)

This case involved a self-employed contractor who was injured in a collision with an underinsured motorist.  The insurance company which represented the other driver tendered their $50,000 policy limits to resolve the case. Mr. Schafer had a $500,000 underinsured policy with Auto Owners to provide coverage for this kind of occurrence.  Mr. Schafer had over $182,000 of unpaid medical bills, economic loss and considerable pain and suffering. His spouse suffered a loss of consortium.  At mediation, Auto Owners offered less than the medical bills total, alleging that they were not all connected to the incident.  At trial in a very conservative venue, O’Brien obtained the policy limit of $450,000 for the Schafers.

Contact Us | To Request a Free Consultation

Traumatic Injury Claims |

$150,000 SETTLEMENT (KY):

Conductor injured shoulder on broken angle cock, in service

$335,000 SETTLEMENT (MO):

Conductor with ankle injury due to a fall on engine.

$591,000 VERDICT (WV):

Machine Operator with neck injury due to defective seat

$675,000 VERDICT (TN):

Coach Cleaner employee injured back from slip and fall in railcar.

$675,000 VERDICT (IL):

Coach Cleaner employee injured back from slip and fall in railcar.

$637,500 SETTLEMENT (MO):

Carman employee injured back and knee from slip and fall at auto plant.

$671,000 VERDICT (FL):

Service Attendant employee soft-tissue neck injuries in an on-duty vehicular accident.

$720,000 SETTLEMENT (WV):

Machinist employee traumatic back injury, case settled during trial.

 

Back to Top

$380,000 SETTLEMENT (MO):

Bridge inspector received shoulder injury due to concrete discharge.

$750,000 SETTLEMENT (IL):

Conductor employee injured knee due to yard conditions.

$800,000 VERDICT (WV):

Carman employee injured back lifting a knuckle.

$800,000 VERDICT (TN):

Carman employee injured back lifting an EOT device.

$1.1 Million SETTLEMENT (MO):

Electrician employee traumatic injuries to wrists and knees.

$1.52 Million VERDICT (MO):

Maintenance of Way employee with multiple crushed hand injuries.

$3 Million SETTLEMENT (KY):

Engineer who suffered severe back injury in trainyard.

$9.33 Million VERDICT (KY):

Trainman employee sustained traumatic below knee amputation and crush injuries in switching incident.

| Cumulative Trauma Injury Cases

$150,000 SETTLEMENT (IN):

Conductor with cumulative trauma arm and knee injuries

$200,000 SETTLEMENT (TN):

Engineer employee cumulative trauma neck injuries.

$250,000 SETTLEMENT (KS):

Conductor employee cumulative trauma back and knee injuries.

 

Back to Top

$250,000 SETTLEMENT (OK):

Conductor employee cumulative trauma back injuries.

$360,000 SETTLEMENT (MO):

Engineer employee cumulative trauma neck and carpal tunnel injuries.

| Occupational Exposure Claims

$950,000.00 SETTLEMENT (KY)

Engineer with COPD/asthma caused by occupational exposure

$275,000.00 SETTLEMENT (IL)

Engineer with bladder cancer caused by occupational exposure.

$215,000.00 SETTLEMENT (AR)

Track employee with multiple myeloma caused by occupational exposure

$197,500.00 SETTLEMENT (KY)

Trackman with multiple myeloma caused by occupational exposure.

$195,000.00 SETTLEMENT (NE)

Machinist with bladder cancer caused by occupational exposure.

$150,000.00 SETTLEMENT (VA)

Conductor with esophageal cancer caused by occupational exposure.

$148,500 SETTLEMENT (MI):

Engineer with COPD caused by occupational exposures.

$175,000 SETTLEMENT (TN):

Welder/Machinist with AML due to occupational exposures

$185,000 SETTLEMENT (IN):

Engineer employee with cancer due to occupational exposures.

$250,000 SETTLEMENT (PA):

Electrician with brain cancer due to occupational exposures.

$250,000 SETTLEMENT (KY):

Engineer employee with cancer due to occupational exposures.

$285,000 SETTLEMENT (OH):

Track employee with multiple myeloma due to occupational exposures.

 

Back to Top

$130,000.00 SETTLEMENT (MD):

Conductor with kidney cancer caused by occupational exposure.

$215,000.00 SETTLEMENT (PA):

Conductor with tongue cancer caused by occupational exposure.

$225,000.00 SETTLEMENT (PA):

Conductor with tongue cancer caused by occupational exposure.

$200,000.00 SETTLEMENT (IL):

Conductor with multiple myeloma caused by occupational exposure.

$175,000.00 SETTLEMENT (IL):

Clerk with kidney cancer caused by occupational exposure.

$195,000.00 SETTLEMENT (NE):

Machinist with kidney cancer caused by occupational exposure.

$317,000 SETTLEMENT (PA):

Conductor with brain and kidney cancer due to occupational exposures

$330,000 SETTLEMENT (AL):

Carman employee brain cancer due to occupational exposures.

$575,000 SETTLEMENT (TN):

Electrician employee brain cancer due to occupational exposures.

$595,000 SETTLEMENT (IL):

Conductor with metastatic kidney cancer due to occupational exposures.

$650,000 SETTLEMENT (MO):

Conductor with asbestos-related cancer due to occupational exposures.

$3,250,000 VERDICT (TN):

Carman employee brain cancer due to occupational exposures.

| Railroad Van Accident Claims

$1,100,000 SETTLEMENT (IN):

Conductor with multiple lower extremity surgeries from van accident

$850,000 SETTLEMENT (MO):

Conductor employee multiple orthopedic injuries from a low-speed railroad van accident.

$850,000 SETTLEMENT (MO):

Conductor employee multiple orthopedic injuries from a low-speed railroad van accident.

| Non-Railroad Personal Injury Claims

$1.5 Million SETTLEMENT (MO):

Wrongful death of man engulfed in a grain elevator.

$680,000 SETTLEMENT (OH):

Woman injured in a trucking accident.

| Awards and Accreditations

5 Star Rated

He has consistently received a 5.0 out of 5, the highest possible rating for professional ethics and legal ability awarded by the organization's peer review rating system.

AV® Preeminent™

Patrick S. O’Brien has been designated an AV® Preeminent™ Peer Review Rated attorney by Martindale-Hubbell annually since 1995.

Best Lawyer & Best Law Firm

He is also proud to have been selected a “Best Lawyer” in America for Railroad Law in 2013, 2014, 2015, 2016, 2017 and 2018. His Law Offices of Patrick S. O’Brien, LLC has been selected as a “Best Law Firm” in America in 2014, 2015, 2016, 2017 and 2018.

Avvo

Patrick is proud to have attained a 10.0 (superb) rating from Avvo.com.