CASE REPORT
(25 AP/1) F.E.L.A.--COLLISION BETWEEN VEHICLES IN RAILYARD LED TO LUMBAR DISC SURGERY (5)
Edwardo Rangel v Union Pacific Railroad Co. 21L-849 Tried Apr. 7-14, 2025
VERDICT: Not Guilty. Special Interrogatories: Do you find that Union Pacific con - trolled or had the right to control the means and manner of the work performed by Pacific Rail Services and plaintiff? “No.” As to the Federal Employer’s Liability Act claim, do you find that Union Pacific was negligent, and that any such negligence caused or contributed to cause plaintiff’s injury? (Not answered). As to the direct negligence claim, do you find that Union Pacific was negligent and, if so, that such negligence was the proximate cause of plaintiff’s injury? “No.”
William P. Ryan William is a shareholder at Marwedel, Minichello & Reeb, P.C., where he has practiced for 25 years. Bill earned his law degree from DePaul University in 1982 and has 43 years of legal experience. He practices extensively in the areas of admiralty and maritime law, personal in - jury defense, railroad terminal operations, marine terminal operations, and trans - portation law. He has defended maritime claims and railroad claims throughout the Midwest and has tried numerous jury tri- als and bench trials to verdict in both state and federal courts.
JUDGE: Barbara N. Petrungaro (IL, Will 12th Jud Cir)
PLTF ATTY(S): Dennis M. Lynch, Jacob R. Esp of Parente & Norem (Chicago, IL) DEMAND : $2,300,000 ASKED : $8,500,000 DEFT ATTY(S): William P. Ryan, Margaret L. MacNair of Marwedel, Minichello & Reeb (Chicago, IL), M. Patrick Yingling of Reed Smith LLP (Chicago, IL)(Self- Insured) OFFER : $150,000 PLTF MEDL: Dr. Cary Templin (Orthopedist), Dr. Udit Patel, D.O. (Pain Manage- ment), Dr. Chintan Sampat (Orthopedist)
PLTF EXPERT(S): Brian Hansen (Railroads)
Pltf M-30 hostler operator was an employee of a contractor to deft rail- road Union Pacific, whose job was involved moving trailers within the rai- lyard through the use of a small truck known as a hostler. On November 30, 2019, pltf was operating a hostler in the Global IV Intermodal Terminal yard in Joliet when he was he was struck by an oncoming hostler trav- eling in the opposite direction, which drifted to the left while being driven by another employee of the same contractor. Pltf sustained a herniated L4-5 disc with radiculopathy (requir- ing laminotomy and microdiscecto- my) and emotional distress ($83,249 medical expenses, $45,000 LT for nine to ten months). Pltf maintained that he could recover damages under the
Federal Employer’s Liability Act (which creates a cause of action for railroad employees injured in the course of their employment), even though he was not a direct employee of Union Pacific, because an employee of a contractor to the railroad may be con- sidered an employee of the railroad for the purposes of the Act if the rail- road controls or has the right to con- trol the performance of the work. Pltf contended Union Pacific controlled or had the right to control his work, was directly negligent, and caused the ac- cident to occur. Union Pacific denied pltf could be considered its employee as it did not and could not control the manner and method of his work for the contractor. The defense denied negligence.
Margaret L. MacNair Meg is a shareholder at Marwedel, Minichello & Reeb, P.C. She centers her practice on personal injury defense, rail - road terminal operations, broker liability, and transportation law. Meg has tried mul- tiple cases to verdict and represented indi- viduals, insurers, contractors, and others. She received her law degree from Loyola University Chicago in 2015 and her bach - elor’s degree from Gettysburg College in 2011. Meg is an active member of the Transportation Lawyers Association and the National Association of Railroad Trial Counsel.
JURY VERDICT REPORTER • 2025 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 21
Powered by FlippingBook