Jury Verdict Results In Favorable Outcome For Mullican|Hart And Client

Rob Hart, George Mullican, and Matt Covert completed a two-week trial in the Western District of Oklahoma in a pair of contested Federal Safety Appliance Act (FSAA) matters brought under FELA that were tried together. Plaintiffs Shawn Dent and Brandon Smithwick alleged that the train they were operating entered an emergency brake application and caused injuries. BNSF admitted the FSAA violation but denied causation and the extent of their injuries. Plaintiffs were both represented by FELA Plaintiff’s attorney Patrick O’Brien, and combined Plaintiffs requested nearly $6.5 million dollars in damages including mental anguish damages. After two weeks of trial, the Jury returned a verdict of $1.2 million, $5.2 million less than Plaintiffs’ demand having deliberated less than 4 hours.