Jury Awards $375,000 To Former Union Pacific Employee In Retaliation Case
Jury ruled that largest railroad company in the United States fired employee for reporting injury
SHREVEPORT, La., June 25, 2015 /PRNewswire-USNewswire/ -- This week, a twelve person Federal jury in Shreveport, Louisiana unanimously found that Union Pacific Railroad Company fired Conductor Jeff Davis for reporting an on-the-job injury in 2010. The jury awarded Mr. Davis $375,000 in damages and he is also entitled to reinstatement to his former position with seniority intact in addition to attorney fees and litigation costs.
"We are honored that a jury reviewed the evidence and unanimously agreed that Union Pacific failed to do what the law requires," said Davis attorney Jeff Dingwall.
"For too long, railroads have retaliated against their workers. This is a huge victory and we are glad to take a step in the right direction," said Davis attorney Kiel Garella.
Mr. Davis worked for Union Pacific in Shreveport in July 2010 when he suffered a sprained ankle during his shift in a rail yard. Upon notifying the company of his injury and subsequent medical treatment, Union Pacific accused him of dishonesty and fired him. Mr. Davis subsequently filed suit against the company asserting his rights under the Federal Railroad Safety Act.
The case, filed under the Federal Railroad Safety Act, is believed to be the first jury verdict under that law against Nebraska-based Union Pacific, the largest railroad company in the United States. The Federal Railroad Safety Act, enacted in 2008, prohibits railroad companies from retaliating against employees for, among other things, reporting on-the-job injuries.
Jeff Dingwall of San Diego, California, Kiel Garella of Charlotte, North Carolina, and Christopher Suba of Baton Rouge, Louisiana represented Mr. Davis.
This is the second verdict in as many weeks under the Federal Railroad Safety Act for attorneys Jeff Dingwall and Kiel Garella. On June 16, 2015, a Federal jury in Kansas City, Missouri returned a unanimous verdict for their client against Fort Worth, Texas-based BNSF Railroad Company, the nation's second largest railroad.
Jeff Dingwall of Law Office of Jeff R. Dingwall, PLC and Kiel Garella of Garella Law, P.C. represent men and women across the country that have been injured or killed by railroads. Christopher Suba of Clary & Associates focuses primarily on trials and appeals litigation throughout the Southern United States.
SOURCE Law Office of Jeff R. Dingwall, PLC
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