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| Gregory Whitley |
Whitley
v. Southern Pacific Railroad; Federal
Employers Liability Act
Gregory Whitley was awarded
$163,000 by a jury for injuries sustained while working for Southern
Pacific and stepping off a ladder affixed to a railroad car. Mixed
in with crush rock that formed the bedding for the track was a large
boulder that Whitley stepped on, causing his ankle to twist.
Southern Pacific blamed Whitley for his injury and fined him for
a three-month period. Baron's research showed that Southern Pacific,
rather than Whitley, was liable for the injury because of a regulation
that favorably protected railroad workers and required crushed rock
in work surfaces to be no greater than one inch in diameter. The
case set national precedent when the Oregon Court of Appeals agreed
with Baron. See 902 P2d 1196,
Oregon Court of Appeals opinion |
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