After a previous judge ordered a mistrial on a lawsuit filed by a railroad conductor, the case is back in court. The personal injury lawsuit was filed against Union Pacific, alleging that the man suffered an injury while setting railcars. Even after a mistrial is ordered in Michigan, a case can still go back to court.
According to the claim, the conductor was knocked unconscious while working for the rail car company. The initial lawsuit resulted in a mistrial after Union Pacific admitted to presenting false evidence. The download data that had been given to the court by the company had proved to be false.
A few months later, the conductor filed a motion to strike the rail car company's answer and defense. He also sought a judgment for the destruction of evidence on the part of the defendant. Because the data had been falsified, there was no way to prove exactly when the train stopped, which was a vital part of the case.
Although new downloads were presented, they too were found to be inadmissible. Union Pacific was made responsible for any attorney fees and costs related to the mistrial and the conductor having to start his case over. The conductor is still claiming that the rail car company failed to provide safe working conditions, which caused his injuries.
When someone is injured because of the negligence of another person or a business, it is possible that he or she may have grounds for a premises liability lawsuit. A personal injury lawyer can advise the victim as to how he or she should proceed in order to pursue damages. In Michigan, personal injury attorneys help their clients seek compensation for those injuries.
Source: madisonrecord.com, "Conductor's personal injury suit at trial on damages in Lopinot's court after prior mistrial", Heather Isringhausen Gvillo, July 11, 2017