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Thursday, July 16, 1992
Railroad ordered to pay $640,000 for severed leg
By
LINDA HEISERMAN, Nonpareil Staff Writer
A
jury awarded a Council Bluffs man nearly $640,000 in damages
Wednesday for an April 1990 rail-car accident in which he lost his
leg.
Harold L. Kirk, then 45, was working for Help Inc., a company
that hires temporary employees for other businesses, when the
accident occurred.
He
was working at Alter Trading Co., standing on top of an
open-topped gondola rail car unloading the car, according to the
suit.
Another rail car released by a switch engine crew working for
Union Pacific Railroad rolled along the tracks and hit the gondola
car, throwing Kirk onto the tracks, the suit said.
A car
then rolled over his right leg, severing it above the knee,
records said.
Kirk's original suit filed in July 1990 sought damages from the
Union Pacific Railroad, Alter Trading Co. and Help Inc.
Claims against Alter Trading Co. and Help Inc. were dismissed
last September.
William Gast, an attorney for Kirk, said a $200,000
settlement was reached with Alter Trading Co.
The
jury awarded Kirk $752,773 for past, present and future medical
expenses, physical and mental pain and suffering and loss of
earning capacity.
However, the jury found Union Pacific 85 percent at fault, and
ordered it to pay that percentage of the damages - $639,857.
Alter
Trading Co. was found 15 percent at fault. Since Alter had
already agreed to a settlement before the case went to trial, the
jury verdict does not require any further payment.
Bill
Lamson, an attorney for Union Pacific, said an appeal would be
considered.
Gast said the verdict would also include interest starting
July 1990.
Trial
began July 7 and testimony concluded Tuesday. The jury reached a
verdict shortly before noon Wednesday after about 51/2 hours of
deliberations.
Gast said he and his partner, Terry Gutierrez, had worked on
the case for two years and were pleased with the verdict.
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