FELA Case Spotlight – DOI vs Union Pacific Railroad Company
admin | Feb 04, 2010
Eric Doi, an employee of the appellant Union Pacific Railroad Company, sued Union Pacific under the Federal Employers’ Liability Act (FELA) after he suffered life-altering injuries (quadriplegia) in a rollover accident that occurred when Robert Torres, a fellow-employee, lost control of the company-owned truck he was driving. Respondent Doi and Torres were members of one of Union Pacific’s “zone gangs,” which traveled on an as needed basis to and worked at various locations in several states. The accident occurred in July, 2007, on a travel day, after Torres had picked up Doi at the Tucson airport and while they were en route to their hotel after stopping at a store to purchase food and “Pedialyte” (a liquid containing electrolytes) which they would eat and drink during the following work day in the Arizona desert.
The principal question is whether Doi and Torres were acting within the scope of their employment when the accident occurred. A jury decided they were and awarded Doi damages of $48,493,120, a sum that included $35.7 million in noneconomic damages for past and future physical pain and mental suffering. Union Pacific appeals, contending Doi and Torres were not acting within the scope of their employment as a matter of law. Alternatively, the company claims a new trial is necessary because of instructional error and an excessive award of noneconomic damages. Finally, Union Pacific contends that the judgment should be modified to provide that postjudgment interest accrues at the federal rate rather than the rate provided by state law. We affirm the judgment in all respects.
Read the case review and affirmation from Leagle.com -- DOI vs UNION PACIFIC RAILROAD COMPANY
DOI v. UNION PACIFIC RAILROAD COMPANY
ERIC DOI, Plaintiff and Respondent,
v.
UNION PACIFIC RAILROAD COMPANY, Defendant and Appellant.
B214287.
Court of Appeals of California, Second Appellate District, Division Eight.
January 27, 2010.
Randolph Cregger & Chalfant and Joseph P. Mascovich; Union Pacific Railroad Company Law Department, Adrian L. Randolph and William H. Pohle, Jr., for Defendant and Appellant.
The Crow Law Firm, Donald S. Britt, John D. Gilbert and Janet Manrique for Plaintiff and Respondent.
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