(The following story by Frank Graham appeared on the North Platte Bulletin website on July 15, 2010. Cynthia M. Clearview is a member of BLET Division 31 in Bill, Wyo.)
SCOTTSBLUFF, Neb. — After a five-day trial, a Scotts Bluff County jury found the Union Pacific Railroad negligent and awarded a former employee $800,000 in damages.
Cynthia Clearview sued UP after she tripped and fell on a large piece of rock while walking along an unlit walk path at Jacob’s Ranch Mine.
Jacob’s Ranch Mine is located about 55 miles southwest of Gillette Wyo., and is in the southern portion of the Powder River Basin. The mine produces coal and UP ships it to customers throughout the United States.
In the lawsuit Clearview said she suffered significant injuries to her knee and back. Even after more than a year of rehabilitation and assessment she was never physically capable of returning to her position with the railroad, according to the suit.
Before trial the railroad claimed that it had no complaints of lighting or the walking conditions at the Jacob’s Ranch Mine and that the mine location was not unreasonably dangerous.
During trial representatives of the Brotherhood of Locomotive Engineers and the United Transportation Union testified that repeated complaints had been made to Union Pacific in the months preceding Clearview’s injury.
At trial, the railroad’s representative admitted the railroad had been aware of complaints about the lack of lighting at the mine for at least 15 years.
The trial in Scotts Bluff County District Court started on July 7 and lasted until July 13 when it was submitted to the jury. The jury deliberated for more than eight hours before returning a verdict in favor of Clearview.
The jury’s verdict found the Union Pacific Railroad to be negligent and found that Ms. Clearview sustained $800,000 in damages. Clearview’s damages were reduced to $560,000 because of her comparative fault.