The verdict's in: Train accident permanently alters worker's life

Plaintiff: Michael Parsons (male, 30 years).

Defendants: Norfolk Southern Railway Co.

In 2011, Michael Parsons was a conductor for the Norfolk Southern Railway and worked at the 51st Street yard in Chicago. His left foot was struck by a train on September 2, 2011, and he had to be transported by ambulance to the emergency room. Parsons sustained tears to the Achilles and peroneal tendons and nerves when he suffered a traumatic amputation and the skin on his left heel was completely torn off, exposing the tissue and tendons below. He also experienced a calcaneus or heel bone fracture, which can be a painful and frequently disabling injury.

Parson's counsel claimed that the railroad had created a dangerous condition and failed to warn employees about the hazard. The railroad had installed new, wider switches in the yard which narrowed the space between the tracks from 12 feet and two inches to 10 feet and five inches. According to Parson's experts, state law required that the space between the track centers be 13 feet and six inches. Counsel claimed that employees were never told about the change and Parson was unaware of the danger when he was struck by the train.

Three employees testified that they were not aware of the change or any rule prohibiting the parking of trains in that area and that trains were routinely parked in that portion of the yard. Footage from a locomotive dash confirmed that trains were parked in that location.

The Illinois Commerce Commission chief railroad engineer testified that the 13-foot, six-inch standard only applied to tracks under reconstruction and the switch replacement did not rise to that level. However, the defense stated that the railroad had already designated that area as a "no parking zone" to protect employees, but that a train had been parked there, violating the rule. The defense said that had the train not been there, the area would have been safe for workers and the violation was what caused the injury.

Parsons was hospitalized for five weeks and underwent six surgical procedures including skin grafts and the removal of his heel bone (calcaneus). This resulted in his inability to use his foot for two years. When he did, he tore the skin graft, which caused an infection. His physicians explained that he would continue to experience periods of the skin on his heel breaking down. This would prevent him from using his heel for three months and require the use of antibiotic ointment to prevent infection. The orthopedic surgeon testified that the only permanent remedy involved amputating his leg below the knee. The plaintiff's vocational expert said the impact of these issues would reduce Parson's work life by 11.4 years.

The jury deliberated for just under four hours and found Norfolk Southern liable and awarded Parson $22,474,102: $474,102 for future medical costs; $1.5 million for future lost earnings capability; $19 million for past pain and suffering; and $1.5 million for past disfigurement.

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