George T. Brugess and John M. Power of Cogan & Power PC each received a 2016 Trial Lawyer Excellence award from the Jury Verdict Reporter for having the highest reported Illinois verdict for a heel injury. The $22.47 million verdict was handed down in the case of a 51st Street railroad yard conductor whose heal was torn off when two railroad cars collided on what was supposed to be parallel tracks.
Power and Brugess Awarded for Highest Reported Illinois Verdict for a Heel Injury
1. HIGHEST REPORTED ILLINOIS VERDICT
FOR A HEEL INJURY
Train Conductor^ Heel
Raiiyard Train Collision
PLAINTIFF ASKED
$36,747,600 - $36,246,529
DEFENSE OFFER
$9,000,000 - $3,000,000
High/Low
VERDICT
$22,474,102
PlaintiffMichaelParsonswasa train conductor working
at Norfolk Southern's
raiiyard in Chicago, separating out
freight cars that needed repairs.
He was riding point on the rear
car of a train, with his left foot
on the steel ladder on the side of
the car. During a shove move by
the train, the car Michael was on
collided with a stationary train
on the adjacent track. He suffered
traumatic amputation of his left
heel and other related injuries. He
is now employed as a dispatcher,
Allegedly, Norfolk Southern had
created a pinch point in the
tracks when it had reconstructed
rails and switches a few months
prior to the accident. The defense
contended that Michael was at
fault for the incident.
(continued on next page)
JURY VERDICT REPORTER • 2016 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 43
2. HIGHEST REPORTED ILLINOIS VERDICT FDR AHEEL INJURY
John M.
Power
J£.. 9 John Power is a
partner at Cogan &
/ Power, PC., aper-
Wgg. I sonalinjury law firm.
He has practiced
years and
has achieved more
than $190 millionin verdicts and settlements
on behalf of his clients, $60 million of which
was obtained within the last year. He recently
tried a FELA case to a $22.47 million verdict.
He has successfully resolved numerous bad
faith cases against insurance companies.
He currently serves on the Board of Directors
of the Society of Trial Lawyers and the Board
of Managers for ITLA. He has continuously
been recognized as a Leading Lawyer, a
Super Lawyerand just received a Trial Lawyer
Excellence Award from the Ju^ Verdict
Reporter and the Law Bulletin. His firm was
named as the fifth highest grossing personal
injury firm inthe state of Illinois by the 2016
JVRSettlement Report published inthe Chi
cago Lawyer magazine.
With almost 200 years of combined
experience, Cogan & Power
P.C.'s distinguished Chicago trial
lawyers provide personalized
service to victims and families
faced with medical malpractice,
wrongful death, trucking accidents,
and personal injury. We pride
ourselves on providing clients
with exceptional legal advice and
personalized client attention in an
effort to get you the results that you
deserve.
1/^JURY VERDICT
Jlr < REPORTER
MICHAEL PARSONS V NORFOLK SOUTHERN RAILWAY 11L-9265
TRIED NOV. 9-19,2015
VERDICT $22,474,102
JUDGE Donald J.Suriano (IL Cook-Law)
PLTF ATTY(S) George T. Brugess and John M. Power of Cogan &
Power DEMAND: $12,000,000 ASKED: $36,747,600 - $36,246,529
DEFT ATTY(S) Raymond H.Groble,III,JeffreyJ.Scolaro and
Kimberlee M.Petrie-Volm of Daley,Mohan, Groble OFFER:
$9,000,000 - $3,000,000 High/Low
PLTF MEDL Dr. Mark Grevious (Plastic Surgeon)
DEFT MEDL Margo DiVenere, R.N. (Nursing)
On September 2,2011, pltf train conductor was workingat Norfolk
Southern's 51stStreet railyardin Chicago duringthe earlymorning
hours,separating out freightcars that needed repairs.Hewas riding
point on the side of the rear car of a train which was moving in
reverse(meaninghe was at the front ofthe backingtrain),with his
left foot on the steel ladder on the side of the car. During a shove
move ty the train, the car pltf was on collided with a stationary
train on the adjacent track. The passing railcar sheared off his left
boot and part ofhis heel, which had been protruding from the edge
of the ladder step, and pltf then had to jump off and dive under
the train to avoid being crushed. Pltf M-30 sustained a traumatic
amputation of the left heel with a large open calcaneus fracture,
fracture/dislocation of the calcaneus, degloving of the left foot,
severed nerves, torn tendons and ligaments, and osteonecrosis of
the heel bone. Hehas undergone 23surgicalprocedures including
graftingof skin and tissue from his thigh to cover the exposed heel
area, debridements, and surgical flap revisions. Pltf was unable to
bear weight on his left foot for more than two years, and since then
he has repeatedly suffered tearing of the skin graft and multiple
infections; amputation of his lower left leg has been discussed as
an option to improve function. Pltf was unable to return to work
for three years but now is employed as a dispatcher for the railroad
($387,645 -$474,102 futuremedicalexpenses,$1,258,884 -$1,673,498
past and future lost wages and benefits). Pltf argued Norfolkfailed
to providea safe placeto work and violatedsafety standards when
it reconfigured the tracks in that section ofthe railyard and reduced
the amount of clearance space between tracks. The railroad had
reconstructed some rails and track switches in the south end of
44 JURY VERDICT REPORTER • 2016 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
3. the yard a couple months prior to the occurrence. However, Norfolk
failed to widen the track centers (center lines between adjacent
sets of tracks) from the 12-footwidth (builta hundred years earlier)
to a width of 13.5 feet as required by ICC regulations. Instead, the
railroad narrowed the track centers to 10.5 feet and they were no
longer parallel, creating the pinch point where pltf was injured.
The defense contended pltf was at fault for parking railcars in area
designated as a no parking zone, thereby creating the dangerous
condition. However,video footage showed other engineers had also
parked train cars on parallel tracks.The jury reportedly deliberated
approximately three hours.
HGeorgeT.Brugess
George T. Brugess
has been a partner
at Cogan and
Power, P.O. since
November of 2015.
An experienced
Federal Employer
Liability Act litigator, he has more than 30
years of experience representing plaintiffs in
railroad-related personal injury cases through
out the country.
Aftergraduating fromDePaul lawschool
in 1981, George handled his first FELA
case for an Amtrak coach cleaner injured at
Chicago Union Station. In 1985, George was
appointed General Attorneyforthe Chicago
and Northwestern Railroad in Chicago. At the
CNW. George litigated catastrophic cases
for the railroad.
After the Union Pacific Railroad acquired the
CNW, George continued as General Attorney
for the UPRR in Chicago until1996. Since
then, George has successfully litigatedFELA
cases to verdict on behalf of injured railroad
workers. In November 2014, George opened
his own practice.
George's jury verdicts include $33 million
for a switchman who suffered double leg
amputation, $3.9 million for multiple injuries in
a van accident, $1.5 million fora back injury
caused by excess locomotivevibration and
$1.25 million fora partialthumb amputation.
Inaddition, he has secured many million dollar
settlements for injured railroad workers.
JURY VERDICT REPORTER • 2016 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 45