Man injured on Illinois train wins sizable award

In a case handled by a St. Louis plaintiff’s firm, a northern Illinois railyard worker who lost a leg and suffered other serious injuries while trying to board a moving train won a $18.75 million jury award.

John Helms sued Canadian Pacific Railway under the Federal Employer Liability Act for the Sept. 27, 2018, incident that left him with a C-4 neck fracture, head injuries, a brachial plexus injury in his right shoulder and arm, severe muscle and ligament tears in that shoulder, and a crushed foot that required amputation below the knee.

The plaintiff’s attorney, Steven Groves of Groves Powers, said his client fell while attempting to board a locomotive traveling at 10 mph — or 2.5 times the 4-mph requirement in the railroad’s safety rules.

According to Groves, the railroad forbade the practice from 2005-2012 due to worker injuries before reversing course to better implement a tool known as Precision Scheduled Railroading. That was despite a risk assessment acknowledging a high risk of employee fatality or catastrophic injury, he said.

The jury awarded $25 million but deemed Helms 25 percent responsible.

Following trial, the parties reached an agreement in late September in which the defense agreed to pay the full settlement and forego an appeal, Groves said.

Attorneys for the defense did not respond to requests for comment.

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$25 million verdict (out of state)

Personal injury

Allocation of fault: 25 percent to plaintiff, 75 percent to defendant. Net judgment of $18,750,000

Breakdown and distribution of total value: $2,500,000 for current disability; $2,500,000 for future disability; $5,000,000 for pain and suffering; $2,500,000 for future pain and suffering; $5,000,000 for emotional distress; $2,500,000 for future emotional distress; $5,000,000 for disfigurement

Venue: Carroll County, Illinois, Circuit Court

Case Number/Date:2022-LA-000006/June 20, 2023

Judge: Jerry Kane

Plaintiff’s Experts: Brandon Ogden, Lockwood (railroad safety and operations); Stuart Nightenhelser, Fishers, Indiana (physics, perception, vision, human factors); Dr. Gary Yarkony, Elgin, Illinois (physical medicine and rehabilitation)

Defendant’s experts: Brian Weaver, Novi, Michigan (engineering, biomechanical, human factors); Steven Arndt, Nov, Michigan

Caption: John Helms v. Dakota, Minnesota & Eastern Railroad Corp. d/b/a Canadian Pacific Railway

Plaintiff’s Attorneys: Steven Groves and Stephanie Black, Groves Powers, St. Louis; Ben Crane and Stephen Blecka; Coplan + Crane, Chicago

Defendant’s Attorneys: James Helenhouse, Peter McLeod and Colleen Helenhouse, Fletcher & Sippel, Chicago