FAVORABLE VERDICT IN SOO LINE CASE
In February 2010, Jim Mewborn and Lee Miller tried a FELA case, Smith v. Soo Line Railroad, No. 27-CV-09-10443, in Hennepin County, on behalf of Soo Line Railroad.
The Plaintiff, Smith, a Soo Line Railroad employee, claimed that he was injured in May 2008 while inspecting culverts along the Mississippi River near Winona, Minnesota. Plaintiff was a B&B carpenter who claimed that while walking up a ballast embankment, he slipped and twisted his back. He claimed an injury to his left shoulder and back, and eventually had shoulder surgery. In September 2009, he was given permanent lifting and overhead work restrictions arising from his low back and shoulder injuries. He was diagnosed with a permanent back injury with nerve damage, a torn rotator cuff, and a torn labrum. Plaintiff had not worked since his shoulder surgery in April of 2009.
Plaintiff's theory of liability was that he was not properly trained to inspect culverts, that he had little experience walking on ballast, and that he was unfamiliar with the area where he fell. He argued that, although he had experience in cleaning and repairing culverts, he should have received specific culvert inspection training from Soo Line. Although he had been an employee for 10 years, plaintiff claimed that he never received such training.
Soo Line asserted that plaintiff's injury was unrelated to his qualifications to inspect culverts. Rather, the issue to be determined was whether he was trained to walk on ballast. A number of employees testified at trial about the GCOR and why plaintiff's incident squared with the Alert and Attentive standard. Employees also testified that walking on ballast is a daily occurrence and that an employee must make sure his footing is secure before taking the next step. There were several inconsistencies in the plaintiff's testimony throughout the case and through trial. While the court denied Soo Line's motion for summary judgment on preemption, it limited the plaintiff's evidence with regard to the ballast.
Soo Line called a former FRA regional director as its liability expert, who persuasively criticized plaintiff's expert's theories that culvert inspection could be accomplished with a boom truck and bucket, with a fall protection harness, by cutting steps into the embankment, or by using a boat along the river.
Plaintiff's last demand during trial was $400,000 and the last settlement offer was less than one-half that amount.. Plaintiff asked the jury for $700,000 - $800,000 in closing, and Soo Line argued damages of $4500. The jury attributed plaintiff with 90% fault and awarded $145,000 in damages. Based upon the jury's apportionment of fault, the damages award is reduced to $14,500, an amount which is exceeded by various liens and offsets.
KETTERING NAMED TO SUPER LAWYERS® - CORPORATE COUNSEL EDITION
Robert W. Kettering, Jr. was named in the March/April 2010 issue of Super Lawyers® - Corporate Counsel Edition, the magazine for and about corporate counsel. The lawyers chosen were selected to be included in Super Lawyers 2009 - 2010, and designated business litigation or international law as their primary area of practice. The Corporate Counsel Edition includes select lawyers from each of the 50 states.
For more information about Bob, click here to read his biography.
FIVE ARTHUR CHAPMAN ATTORNEYS NAMED 2009 "SUPER LAWYERS" BY MINNESOTA LAW & POLITICS
Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce that five of its attorneys, Lindsay G. Arthur, Robert W. Kettering, Sally J. Ferguson, Paul J. Rocheford, and Lee A. Miller have been named 2009 "Super Lawyers" by Minnesota Law & Politics.
Voted by their peers as outstanding attorneys, less than 1,500 attorneys in Minnesota—only 5% of all Minnesota attorneys—were chosen as "Super Lawyers" in 2009.
NEW MSBA CERTIFIED CIVIL TRIAL SPECIALISTS
Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce that Colby B. Lund and Eugene C. Shermoen have been certified as civil trial specialists by the Minnesota State Bar Association ("MSBA").
The MSBA Board Certified Civil Trial Specialist credential is earned by completing an extensive approval process to establish full qualification for reliable experience and skills as a specialist in a practice area. MSBA Certified Civil Trial Law Specialists have participated in the preparation and trial of significant civil cases. They are familiar with the negotiation and pre-trial process, as well as with the rules of evidence, procedure, and law involved in civil cases. This certification makes Lund and Shermoen two of a limited number of attorneys in Minnesota to have earned the credential. Approximately 2% of the attorneys belonging to the MSBA Civil Litigation Section are board certified as civil trial specialists.
NEW ATTORNEY
Michelle M. Carter has joined the firm as an associate.
NEW ATTORNEY
Michael C. Gregerson has joined the firm as an associate.
2009 RISING STARS
Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce that seven of its attorneys have been named 2009 "Rising Stars" by Minnesota Law & Politics.
Rising Stars include:
Paul E. D. Darsow
Shayne M. Hamann
Kimberly L. Johnson
Joseph M. Nemo III
David M. Reddan
Curtis D. Ruwe
Jonathon M. Zentner
Rising Stars are selected through a process in which the Minnesota "Super Lawyers" nominate emerging attorneys who they have observed in action. Rising Stars are viewed by their peers as flourishing attorneys who are 40 years of age or under or who have been practicing 10 years or less. Fewer than 2.5% of qualifying attorneys receive this honor each year.
NEW ATTORNEY
Elizabeth J. Roff has joined the firm as an associate.
ARTHUR CHAPMAN OPENS NEW BRANCH OFFICE IN HUDSON, WISCONSIN
We are pleased and excited to announce the opening of our new branch office in Hudson, Wisconsin. The new Hudson branch office will provide legal services to the insurance industry and self-insured companies in Wisconsin and surrounding areas.
2008 TOP 100 SUPER LAWYERS®
We at Arthur, Chapman, Kettering, Smetak & Pikala wish to congratulate our two colleagues (and friends), Sally Ferguson and Paul Rocheford. Sally was recently named a Top 100 Women Minnesota Super Lawyer. Paul Rocheford was recently named a Top 100 Minnesota Super Lawyer. Those of us who know Sally and Paul and work with them on a daily basis fully recognize that these honors are richly deserved. To be sure, Sally and Paul are excellent lawyers and a credit to the profession in that sense. But, more importantly, Sally and Paul embody the noble qualities of genuine compassion and human decency which are so vital to our profession. Sally and Paul, we thank you and congratulate you for your positive contributions to our firm, to the profession, and to a sense of respect and decency which must underlie our profession.
NEW SHAREHOLDER
Arthur Chapman Welcomes A New Shareholder
Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce that William A. LeMire has joined the firm as a shareholder.
William LeMire’s practice focuses on civil litigation, trials, and arbitrations with an emphasis on product liability and litigation arising from fires and explosions. His product defense practice has included roles as national counsel for recreational and industrial product manufacturers. William is also General Counsel for the International Association of Arson Investigators (“IAAI”). The IAAI is an international association comprised of thousands of members dedicated to improving and refining the investigations of fires and explosions.
William is admitted to practice in the Minnesota state and federal courts and the US District Courts of Colorado, Georgia, Illinois, Michigan and Minnesota. He is also admitted to the United States Court of Appeals for the 8th Circuit. He is a member of the American Bar Association, the Minnesota Bar Association, the Federalist Society, and the St. Thomas More Society. He is a frequent speaker on a variety of litigation and trial topics. William graduated magna cum laude from William Mitchell in 1989 where he obtained his Juris Doctorate.