ADVERTISEMENT

ADVERTISEMENT

DMIR engineer wins $500,000 jury award

A locomotive engineer who sued the Duluth, Missabe and Iron Range Railway Co. after being injured twice in two days while falling on the job has been awarded more than $500,000 by a St. Louis County jury.

A locomotive engineer who sued the Duluth, Missabe and Iron Range Railway Co. after being injured twice in two days while falling on the job has been awarded more than $500,000 by a St. Louis County jury.

Jurors deliberated about four hours Thursday night before determining that Richard E. DeLano of rural Duluth is owed $566,256.59 by the railroad company because of its negligence.

DeLano brought the lawsuit in November. He claimed that on Dec. 6, 2004, he slipped and fell due to dangerously uneven, snowy and ice-

covered ground conditions at the company yard in Proctor.

He alleged that the defendants failed to provide a reasonably safe place to work and should have known that it was physically unsafe and dangerous to work under hazardous conditions.

ADVERTISEMENT

According to the complaint, the next day DeLano was walking past a desk when "due to the negligence of defendants' employees' careless and negligent placement of a computer CPU in the walkway of their offices, [DeLano] was caused to trip and fall over the computer and onto the floor causing a crushing injury to [his] right hip, femur and ball joint.''

The plaintiff alleged that the railroad company failed to provide proper and safe supervision of the work areas and failed to provide proper warnings of known hazards.

DeLano was reached at his home Friday evening. He said he's no longer employed by the railroad company.

"I'm thankful for the good job that the jury did and that they heard and understood that the company didn't do everything that they should have to provide a safe work place,'' he said. "I'm very pleased with the outcome. I had a great attorney [Cortney LeNeave of Minneapolis] and he did a wonderful job.''

Jurors determined that the railroad company was

100 percent negligent in DeLano's falls both days and that he was not negligent in either incident.

The plaintiff was awarded $236,258.39 for past wage loss; $179,998.20 for future earning capacity; $100,000 for future pain, suffering and emotional distress and $50,000 for past pain, suffering and emotional distress.

What To Read Next
Bankruptcy information gathered from cases filed in U.S. Bankruptcy Court in Duluth.
Recently sold properties from St. Louis County.
While traffic has roughly doubled since 2020 — the heart of the pandemic, when there were 14.9 million passengers — it’s still not at pre-pandemic levels: In 2019, there were 39.6 million passengers.
The addition of 72 Poplar River Condos units nearly doubles the vacation rental company's North Shore portfolio.