Appeals Court Rules In Fondy Rail Case

2/2/12 – A state appeals court said a jury was correct in awarding a million dollars to a conductor who was injured while working in a rail yard in North Fond du Lac. The Second District Appellate

Court today upheld the jury’s award for Bruce Dalka of Malone. He was working with a switching crew in June of 2005 when a drunk driver sped into the rail yard and aimed directly toward Dalka. The rail worker managed to get out of the way – but he tripped and severely injured his lower back. His attorneys said Dalka needed five surgeries because of the incident. In his lawsuit against the railroad, Dalka said the railroad made no effort to limit access to outside vehicles at its parking lot – even though people had previously trespassed there. The Wisconsin Central had appealed the jury’s award, saying it could never have anticipated the drunken driving mishap.