Thomas and Martino Win Defense Verdict for Des Moines Industry

Posted on: March 21st, 2017

Mark Thomas and Laura Martino secured a defense verdict for their clients The Monarch Cement Company and Monarch Cement of Iowa in a trip and fall case brought by a railroad employee.  The plaintiff, in a case brought before the Federal District Court for the Southern District of Iowa, alleged that the Monarch defendants failed to maintain a reasonably safe pathway for railroad employees, such as himself, to walk.  The plaintiff also asserted claims against Union Pacific Railroad alleging that the railroad failed to provide him a reasonably safe place to work.

Over the course of the six day federal jury trial, defendants argued that it was the plaintiff who failed to act reasonably when he wandered off of the maintained pathway and into an area of tall grasses, around midnight.  The Monarch defendants further argued that pursuant to a railroad contract they did not have a duty to maintain the area where the plaintiff fell and, therefore, did not know, nor should they have known of a ground condition which plaintiff alleged caused his fall.  The jury agreed and returned a verdict in favor of all defendants.

Kevin Hamilton v. Union Pacific Railroad Company,; Case No. 4:15-cv-299 (February 28, 2017)

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