J. Mitchell Smith Obtained Defense Victory for The Kansas City Southern Railway Co.

J. Mitchell Smith defended The Kansas City Southern Railway Co. against a former conductor/brakeman who alleged sholuder, neck and low back injuries arising from a collision with the locomotive on which he was riding (and for which he was providing point protection) into a parked cut of railcars. Conductor was fired for rule violations found during the investigation of the collision. Injuries allegedly caused him to undergo a single-level fusion. Plaintiff demanded $775,000 to settle before trial. The settlement demand was rejected and the case proceeded to a two week jury trial in state district court in Jefferson County, Texas. Plaintiff's counsel requested the jury award $1.2 million in damages. The jury returned a verdict assessing 80% negligence on plaintiff/conductor and 20% negligence on defendant/railroad. The jury awarded damages of $10,000. Under the 1% rule in FELA cases, the railroad will be responsible for 20% of the verdict, or $2,000. A great defense victory in a very dangerous venue.