Casey Jones Law Obtains Record $44 Million Verdict for Hearing-Impaired Conductor

July 1, 2022

A Madison, Wisconsin jury today found that Union Pacific unfairly discriminated against a conductor on the basis of his hearing impairment and use of hearing aids, and awarded him $3.7 million in emotion distress damages and $40.3 million in punitive damages.

Mark Mlsna had been a successful conductor for nearly a decade when Union Pacific pulled him from service when he couldn’t pass their hearing examinations. The railroad forced him to take the examination wearing dampeners that made the exam eight times more difficult for him than it was for all other employees, who were not required to wear these dampeners.

The case now returns to the Court, who will be responsible for calculating the additional front pay, back pay, prejudgment interest, and attorney fees that Mlsna is entitled to as a result of the verdict. The expectation is that these awards will add at least an additional $1 million to the judgment in Mlsna’s favor. The Court unfortunately will also reduce the jury’s award to $300,000, the maximum award for emotional distress and punitive damages under the federal law governing this case.

Mlsna was represented by Nick Thompson of Casey Jones Law, Adam Hansen of Apollo Law, and Thomas Fuller of Hunegs LeNeave & Kvas. Thompson acted as the lead trial attorney.