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Railroad Torpedo's Can Cause harm

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  • Railroad Torpedo's Can Cause harm

    In the case of Joseph S. Pasionek v. Union Pacific Railroad Company, Case No. : 2007 CV 4620, in the District Court, City and County of Denver, Colorado.

    The verdict in this case was received on July 29, 2009.

    Mr. Pasionek, a 28 year Union Pacific employee, was a freight conductor operating a locomotive in the Union Pacific’s 36th Street yard on February 4, 2005. As he was moving a locomotive next to the yard office using a remote control device, he ran over two railroad torpedoes which had been placed on the rail by unknown Union Pacific employees. The torpedoes exploded, creating a concussive blast wave which struck him, causing a traumatic brain injury. He was not struck by any physical object such as debris or shrapnel. Mr. Pasionek was disabled from work. His wage losses were approximately 1.5 Million dollars.

    The Union Pacific denied liability alleging that the unknown employees who placed the torpedoes on the rail were not acting in the course and scope of their employment with the Union Pacific. Mr. Jackson, using the Union Pacific’s own internal corporate documents, countered that a torpedo collection program instituted by the Union Pacific in 2002 was conducted negligently, that the torpedoes were not secured against misuse and that the torpedoes were allowed to fall into the wrong hands, leading to this incident.

    Union Pacific also denied that the Mr. Pasionek had received a traumatic brain injury. At trial, 12 expert witnesses testified on Mr. Pasionek’s behalf in the fields of Neurology, Psychiatry, Neuro-psychiatry, Neuro-imaging (brain scans), Psychology, Physics and Explosive Investigation, Acoustics, Neurotology, Family Medicine and Economics. The jury found that Mr. Pasionek had sustained a traumatic brain injury caused by the explosion, contrary to the testimony of the Union Pacific’s expert witnesses.

    Finally, the Union Pacific claimed that the force of the torpedo explosion was insufficient to cause a traumatic brain injury. Mr. Jackson was able to demonstrate that the data presented to the jury from a Union Pacific expert’s recreation of the incident was invalid because the expert had tested the wrong end of the locomotive during his reconstruction and thus did not accurately replicate the explosive blast wave to which Mr. Pasionek was exposed in the incident.

    After an eight day trial, judgment was entered by the Court on behalf of Mr. Pasionek and against the Union Pacific Railroad Company, based upon the jury’s verdict, in the amount of $2,800,000.00.

    Last edited by batman; 08-21-2009, 08:46 PM. Reason: Business advertising is only allowed if ads are purchased from YL.

  • #2
    They cause investigations if set off inside a shop too......
    All postings by BadOrderKing are public information, works of fiction, sometimes resembling the rants of a madman and in no way should be construed to represent the positions, views, or thoughts of any particular railroad carrier. No one listens to him anyway.


    • #3
      I'd imagine as stone deaf as they make you some brain damage is not out of the question at all.
      sigpic ΜΟΛΩΝ ΛΑΒΕ "Come and get them" Leonidas I to Xerxes, at Battle of Thermopylae


      • #4
        so UP denied it all? Imagine that.
        -sigpicLet's All Hunch!


        • #5
          I heard about this deal yesterday. I don't find torpedos to be that bad at all. Have had many a prank played on me and shoved right over them. I mean its scary as hell at 3am in a dark yard when there is explosions at your feet. But they haven't made me gun shy...