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Bnsf Worker Reaches $2.3 Million Settlement In St. Louis City Circuit Court

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Wiese, Kelly “BNSF worker reaches $2.3 million settlement in St. Louis City Circuit Court,” Missouri Lawyers Weekly, April 21, 2008

This article is simply about the settlement of an injured railroad worker who suited the railroad company of St. Louis that didn’t provide enough safety and led to his injuries. In August 2005, the worker, while Caney was operating a train, the train suddenly ran over rough track because of a slope failure during the construction of a side track. The construction was conducted by Ralph Whitehead Associates, which is hired by the railroad company. The accident gave Caney severe pain on his back, neck and spine, which made him stop working and therefore lost wages. He then raised a lawsuit against the railroad company and finally the St. Louis Court approved a settlement of $2.26 million for the reason that the railroad company was liable under the Federal Employers’ Liability Act which they did not provide reasonably safe place for Carney to work and did not to monitor the construction properly.

Actually, this can be viewed through the relationship of agency, not only the employer and employee relationship between the Railroad Company and Carney. In this case, let also think the railroad company is in a position of employer and the construction company is its employee since it was hired to perform all constructions. And Carney is the third party. The employee is liable to the tort committed by the employee within the scope of employment. While the injury of Carney occurred during the construction of a side track, this is within the scope of employment. Therefore the railroad company is liable to the injury of third party (Carney) caused by its employee (the construction company). And the court’s decision is correct that the railroad company is liable to Carney.

The railroad has the right to indemnify for any resulting

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