BNSF Laborer Falls in Restroom Puddle - Low Back Injury -
Nebraska Jury Returns /$540,000 Net Verdict

The plaintiff, a 48-year-old laborer, slipped and fell in a puddle of water in a restroom at work. He suffered aggravation to a pre-existing degenerative condition in the low back. Plaintiff claimed that he was not provided with a reasonably safe place to work. According to plaintiff, the railroad had notice of the problem since there was a longstanding history of leakage from a defective sink which had not been repaired. The defense denied that there was water on the floor or that there was any longstanding problem. Moreover, according to the defense, even if there was an water on the floor plaintiff failed to maintain a proper lookout to observe the hazard. As to injury, the defense asserted that plaintiff suffered only a sprain. According to Wyoming Verdicts and Settlements, the jury apportioned fault 90% to defendant and 10% to plaintiff and assessed damages of $600,000.The parties reached a confidential high/low agreement during trial.

George Sadd v. Burlington Northern and Santa Fe Railway, Douglas County (NE) Fourth District Court, Case No. 1016-754. Richard J. Dinsmore, Randal W. LeNeave for plaintiff. Stephen W. Ahl, Wolfe, Snowden, for defendant..