Pasionek v Union Pacific RR

Answer Brief - Colorado Court of Appeals


Conspicuously absent from UPRR’s Opening Brief is any discussion of the theory of the case actually tried by Plaintiff – that UPRR’s negligence in its efforts to collect, secure, and dispose of torpedoes played a part in causing Plaintiff’s injuries. Evidence in support of this theory was more than sufficient to sustain the jury’s verdict. UPRR’s own exhibits and testimony established its actual knowledge of the danger to employees posed by the presence of unsecured obsolete explosive torpedoes found everywhere on its premises. Indeed, this knowledge was a principal reason for the 2002 torpedo collection and disposal program in the first instance. After the one-time collection and disposal effort,torpedoes continued to surface, demonstrating that the torpedo program had been less than fully successful. Despite this knowledge, UPRR undertook no follow up efforts to locate and dispose of torpedoes missed in the 2002 effort. That reasonable jurors could conclude from these facts that UPRR knew that injury to employees was foreseeable is not subject to serious dispute on this record.

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Reference Info:Appellate Brief | | United States

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