Broken Foot: Workplace Injury Triggers $58M Verdict

It’s not too often that a workplace injury as relatively minor as a broken foot leads to a multi-million dollar jury verdict.

But due to an unusual set of circumstances, that is exactly what happened in a recent California case involving a train yard worker.

In early February 2016, Pablo Scipione was called into work at around 2 a.m. to perform electrical repairs at a train manufacturing yard.

He was working as an independent contractor at the time.

A supervisor allegedly told Scipione that the work needed to be completed by 5 a.m.

Workplace Injury Started Small, But Then …

Scipione was not told and did not know that the train he was assigned to work on was wet. When he climbed to the top of the car, he slipped and fell, suffering a microfracture to his left foot.

At first, it did not seem that the workplace injury would lead to serious trouble. In fact, Scipione went back to work the day after he fell and continued working for more than a year.

But unfortunately, the initial workplace injury eventually led to much bigger problems.

He visited a foot doctor, had surgery, and was diagnosed as having a condition known as complex regional pain syndrome. He then became unable to work, he said.

Injured Worker Alleges Negligence

In his suit against the Japan-based transportation and manufacturing company Kinkisharyo’s International LLC, he asserted a negligence claim based on the workplace injury.

The case dragged on, and according to a media report about the case Scipione was willing to settle the matter for $3 million in 2022.

That resolution did not materialize, and the case went to trial.

The rail yard operator was reportedly unable to make a convincing argument that Scipione should have been limited to workers’ compensation remedies.

Instead, in late May a California jury said he should receive $54.15 in compensatory damages in addition to $4.2 million in punitive damages.

Lawyer: ‘It Was Bound to Happen’

“Kinkisharyo tried everything possible to downplay the severity of our client’s injuries,” said Scipione attorney and PARRIS Law Firm partner Alexander R. Wheeler in a release about the verdict. “The jury saw through their failed tactics and understood the pain our client deals with every day,” Wheeler added.

In addition to the problem of the allegedly wet train, there were also alleged problems relating to lighting that may have helped lead to the workplace injury.

“An injury this severe was bound to happen,” said PARRIS Law Firm partner Khail A. Parris. “Employees frequently complained to supervisors that the station was poorly lit, and yet nothing was done to ensure a safe working environment,” Parris added.

The firm said it presented multiple offers to settle in amounts that began at $8 million and ended at $3 million. It also said that pre-judgment interest will add more than $20 million to the amount of the judgment.

That interest becomes available when – as here – the defendant rejects a settlement offer and the plaintiff thereafter is awarded a greater amount at trial.

Under California law, the successful plaintiff can get 10% pre-judgment interest from the date of the first offer. Scipione’s lawyers say that they offered to settle as early as March of 2020.

Employees and Independent Contractors

Employers do not owe the same duties to independent contractors that they owe to their own employees.

Hiring independent contractors can result in significant cost savings for employers versus hiring employees. When employers hire independent contractors, there is no need to worry about payroll taxes and the contractor is not eligible for workers’ compensation benefits.

But as this case shows, the move does not absolutely insulate employers from legal liability if an independent contractor suffers a workplace injury.

Instead, an injured independent contractor may still pursue a negligence claim against the employer that hired them. This case shows that when independent contractors are hired to do a job, it is important for employers to provide a safe working environment for them.