Conductor’s Injury Claims Tested in California Railroad Trial

Opening Statements Describe Competing Narratives of 2022 Derailment

SANTA ANA, Calif. — A California jury began hearing a railroad injury case this week involving a former BNSF conductor who says he can no longer work after being thrown from a caboose during a 2022 derailment. The trial, taking place in Orange County Superior Court, centers on the extent of his injuries rather than who caused the crash.

How the Accident Happened

Javier Lopez, the plaintiff, was 52 and working a night shift when the train left the tracks after striking a “derail device” that had been left in place by mistake. BNSF has accepted responsibility for the derailment, which occurred at a speed of roughly 7 to 8 miles per hour.

Lopez initially received treatment for contusions at an emergency room, but he later claimed he developed severe wrist and back pain, along with hearing issues he attributes to pain medication. He filed suit under the Federal Employers Liability Act, which allows railroad workers to bring certain injury claims in state court.

Plaintiff Says Injuries Ended His Career

Attorney Victor Russo of Hildebrand McLeod & Nelson told jurors that testimony from Lopez’s treating physicians will show the derailment worsened his preexisting back problems and caused new injuries that prevent him from returning to work.

Russo did not give a specific damages figure during his opening statement, but he indicated during jury selection that Lopez will seek damages in the millions. He told jurors that even though Lopez entered the hospital with only superficial findings, the true effects emerged over time.

BNSF Counters Injury Claims

BNSF’s lead trial counsel, Anthony Sonnett of Lewis Brisbois, agreed that the company is responsible for leaving the device on the track but disputed that the impact could have produced the level of harm Lopez alleges.

Sonnett said accident reconstruction experts will testify that the g-forces from the incident were minimal. He also emphasized that scans taken after the accident revealed no acute injury and argued that Lopez’s symptoms stem from long-standing back problems rather than the derailment.

Like the plaintiff, the defense did not offer a specific damages number but urged jurors to view any multimillion-dollar request as unsupported by the evidence.

A Rare Moment of Agreement

Despite the adversarial setting, both attorneys briefly acknowledged their longstanding professional rivalry. Sonnett noted that he and Russo frequently face each other in FELA cases, calling themselves “respectful adversaries.” Russo replied, “Agreed.”

The case is being tried before Judge Deborah Servino.