The plaintiff, a 38 year old carman, suffered a herniated disc while working with cables at a derailment in Evansville, Indiana. Although mechanical means, including a Hoesch truck with a crane, a Bobcat, and a rented crane were available to move the cables to the derailment site, the plaintiff and a coworker were directed to manually drag the cables up a grassy incline. The plaintiff sustained a herniated disc at L5-S1 and underwent a laminectomy. Following his surgery, he missed approximately seven months of work and was left with a 5% permanent impairment of his whole body. Although he was able to return to work for the railroad, medical testimony indicated it was unlikely he would be able to continue working as a carman past the age of fifty.
Paul G. Moody and Willard J. Moody, Sr. represented the plaintiff at trial.
