Cases

Our firm has a national reputation for success in our representation of railroad workers injured on the job, seeking compensation under the Federal Employers’ Liability Act or FELA. Recognized as one of the premier FELA firms, at Yaeger & Jungbauer Barristers, PLC we have handled thousands of FELA cases and related actions under the Federal Safety Appliance Act (FSSA) and the Federal Locomotive Inspection Act (LIA). We represent injured railroaders in state and federal courts in more than 40 states.

We are proud to have recovered millions in much needed compensation for injured railroaders in a wide variety of cases including:

  • Frank Aloi vs. Union Pacific RR, during which a Denver, Colorado jury returned a verdict of , at the time the highest FELA verdict in history.
  • Hillyard v. Burlington Northern & Santa Fe Railway, 01-2-34536-2SEA (2003), in which a BNSF Engineer, working as a conductor in Kettle Falls, WA, was operating a pin lifter mechanism that malfunctioned, causing him to slip and amputating his leg below the knee. BNS settled the case after a four-week trial.
  • Norfolk & Western Railway Company v. Ayers, in which the firm represented the BLET as amicus curiae before the Supreme Court of the United States in a landmark 2003 decision which protected injured railroad workers and completely thwarted an attempt by the railroad industry to undermine their employees’ rights under the FELA.FELA
  • Confidential settlements for several families injured during a spill of anhydrous ammonia during a CP rail derailment near Minot, North Dakota. The YJB team produced evident sufficient to underscore CP's negligence and fault in multiple respects; such as violations of multiple federal safety regulations, CP used old, worn out, undersized 100 pound rail despite knowing it was inadequate, substandard, and inappropriate for such use, CP failed to follow its own internal rules regarding the inspection, maintenance and repair of continuous welded rail, CP discontinued ultrasonic testing which would have detected the cracked joint bar and prevented the derailment, among others (see full article in Winter 2006 Yaeger report).
  • A more than award by a Utah jury to longtime Amtrak engineers Larry Queen and Jerry Cunliffe who suffered career-ending Post Traumatic Stress Disorder on Feb. 15, 1995 when their locomotive was sliced open by a 40 foot long steel beam protruding from a Union Pacific rail car.
  • A 1988 case involving a car-train crash in northwestern Illinois, in which the firm obtained a then-record structured settlement on behalf of a four year old boy, whose mother and unborn sibling were killed in a grade-crossing accident.
  • A jury award to an Iowa man who was injured when a group of employees from his company, I&M Rail Link, left a switch open and unlocked, causing his train to improperly enter a track, on a collision course with another train. Randall A. Buck was injured when he jumped from the engine at the last minute, before the trains collided.
  • A verdict in Detroit for a 48-year old Conrail Engineer who sustained a permanently disabling back injury when an engine handbrake malfunctioned.
  • A award by a Casper, Wyoming jury to Union Pacific conductor Thomas Murry who was injured when a bus that was transporting him went off Interstate 80 on Halloween in 2003, leaving him permanently disabled. The railroad initially offered Murry a settlement.
  • A confidential record settlement on behalf of a locomotive engineer involved in a collision between two trains, using the theory of negligent promotion, where the Defendant Railroad certified an engineer who clearly shouldn't have been.
  • A confidential record settlement in a single inhalation case, where our client had been trapped in a locomotive engine cab, which started on fire.
  • A confidential record settlement in a PTSD (post-traumatic stress disorder) case, where the engineer's train struck a "runaway freight car", leaving the engineer unable to return to work.
  • A confidential settlement in a traumatic brain injury case, in which a 61 year old conductor was injured in a caboose derailment case.
  • Two cases where the railroad fired the worker for turning in personal injury report forms, assisting the worker's union officials in obtaining the employee's reinstatement with full back pay.
  • Smalley v. DWP, 5-88-23 App 90-5326 (1990)
  • Albinger v. Burlington Northern, ADV 92-319 (1995)
  • Kulavic v. Chicago & Illinois Midland Ry. Co., 1 F.3d 507 (C.A.7 (Ill.) 1993)
  • Pikop v. Burlington Northern R. Co., 390 N.W.2d 743 (Minn. 1986)
  • Garcia v. Burlington Northern R. Co., 818 F.2d 713 (C.A.10 (Colo.) 1987)
  • Stevens v. Baltimore & Ohio R. Co., 915 F.2d 1565, Unpublished (4th Cir 1990)
  • Melin v. Burlington Northern R. Co., 401 N.W.2d 418 (Minn. Ct. App 1987)
  • Lindsey v. Louisville & Nashville Railroad Co. (as Amicus Curiae), 775 F.2d 1322 (5th Cir. 1985)

Our depth and breadth of experience in the handling of FELA claims extends to our representation of injured people in matters arising from automobile accidents, general negligence, dangerous and defective products and aviation accidents.