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Doyle Dennis Avery LLP vs. Union Pacific Railroad Company

Doyle Dennis Avery LLP has filed suit in Harris County District Court, Houston, Texas against Union Pacific Railroad Company under the Federal Employer’s Liability Act, also known as FELA, on behalf of an injured railroader.

This action arises under the provisions of the Federal Employers’ Liability Act 45 U.S.C. § 51 et seq., or FELA, for personal injuries sustained by Doyle Dennis Avery LLP’s client while employed by Union Pacific and while engaged in interstate commerce.  FELA provides railroad or railway workers, including conductors, locomotive operators, locomotive engineers, yardmasters, brake operators, signal operators, locomotive firers, railyard engineers, dinkey operators, and hostlers with protections from the negligent acts of railway companies.

The suit alleges that on or about the date of the incident, Doyle Dennis Avery LLP’s client was working as a conductor for Union Pacific and was lining a railroad switch when the defective switch caused him to sustain injuries to his back and other parts of his body.  At the time of the incident, Union Pacific was a carrier by railroad engaged in interstate commerce and Doyle Dennis Avery LLP’s client was employed by Union Pacific in furtherance of those activities. The injuries complained of in this petition were sustained within the course and scope of his employment for the railroad, Union Pacific.

The suit further alleges that the injuries to Plaintiff were due in whole or in part to the negligence of Union Pacific, its agents, servants or employees acting in the course and scope of their employment. Union Pacific had a continuing non-delegable duty to provide him with a safe place to work, and breached its duty causing his injuries. The suit also describes the ways in which the railroad, Union Pacific, fell short of industry standards for common carriers and railroad operators, including:

  • Failure in its non-delegable duty to provide the railroad employee Plaintiff with a reasonably safe place to work;
  • Failure to warn of known dangers;
  • Failure to adequately inspect its equipment;
  • Failure to properly maintain its equipment;
  • Failure to establish and follow proper safety procedures;
  • Failure to properly instruct, supervise and train;
  • Failure to provide safe working conditions and proper equipment; and
  • Failure to follow federal law in inspecting, maintaining, and repairing its equipment.

Importantly, the suit also alleges that the Federal Railroad Administration has promulgated federal regulations that set forth safety standards governing railroad tracks and switches. Among the purposes of these regulations is the protection of railroaders, like Doyle Dennis Avery LLP’s client. The applicable regulations were in force and effect at all relevant times. Union Pacific violated these regulations, and each of their violations was the legal cause of the accident, injuries, and damages Doyle Dennis Avery LLP’s client sustained.  The federal safety regulations applicable to Union Pacific’s conduct included the rules promulgated by the Federal Railroad Administration, found under 49 CFR § 213, Track Safety Standards. These violations were a legal cause of the Plaintiff’s injuries and damages, and constitute negligence per se. The violation of said regulations, in whole or in part, caused the occurrence made the basis of this action and the injuries and damages which Doyle Dennis Avery LLP’s client suffered.

Doyle Dennis Avery LLP is proud to represent this injured railroad worker/conductor in this FELA case against Union Pacific.  Doyle Dennis Avery LLP’s attorneys pride themselves on providing high-quality legal representation on behalf of FELA and railroad workers, aimed at preparing for and winning at trial or obtaining favorable settlements.  If you or someone close to you has suffered an injury due to the negligence of a railroad company, contact the lawyers at Doyle Dennis Avery LLP for an evaluation of your potential claim. 

The railroad companies that may be involved in these cases include the following:

Call Doyle Dennis Avery LLP for a no-cost evaluation of your potential claim.

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Fela Lawyer - Railroad Workers Injury