Jury applies comparative fault in cumulative trauma FELA case
This case involved a cumulative trauma claim by a plaintiff regarding the work practices of mounting and dismounting moving equipment and walking on uneven and over-sized ballast during his career with our client, a national transportation company. The plaintiff introduced evidence regarding bilateral knee and hip replacement surgeries. The case was tried over five days. Ultimately, the jury awarded the plaintiff a fraction of what he sought after application of comparative fault.