The plaintiff was injured while working at a railyard, where he was attempting to climb a short locomotive staircase to board a train, when the first stair collapsed under his weight, causing his left foot to break. The plaintiff contended he suffered right knee damage from the fall. The defense admitted responsibility for the broken step, negligence under the FELA, and violation of the Locomotive Inspection Act. However, Dan Mohan and Sean Gingrich disputed the nature and extent of plaintiff’s alleged injuries, denied that the length of time he was off work was related to the occurrence, and argued that he failed to mitigate his damages because he actively requested that his doctors keep him off duty against their medical advice.
The jury returned a verdict of $51,934 against a request by plaintiff for $300,000.
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