Meadows v. Emett and Chandler Book Reviews

Meadows v. Emett and Chandler by Second Appellate District, Division Two District Court Of Appeal Of California Book Summary

In March, 1941, while working as a switchman in the Union Pacific Railroad yards at Cheyenne, Wyoming, respondent Lawrence Zimmer sustained a fractured left elbow under circumstances concededly giving rise to a cause of action in his favor against his employer, Union Pacific Railroad Company, under the Federal Employers Liability Act, (35 Stats. 65 et seq., 45 U.S.C.A. §§ 51-60). On the second day after the accident, respondents arm was operated on by Dr. Fox, a surgeon in the employ of the railroad, and was placed in a cast. About May 6, Dr. Fox removed the cast, and told respondent, "Your arm isnt going to be stiff. Your arm is all right. You go down to Omaha, they want to see you; get it settled up and get back to work." Respondent proceeded to Omaha, where, on May 12, he met Harry I. Benon, who on a prior occasion had represented that he was associated with attorneys for the Brotherhood of Railway Trainmen, and had offered to help respondent reach a settlement with the railroad. Benon took respondent to the office of Dr. Fouts, a private physician, for an examination which included the taking of X-rays. Dr. Fouts told respondent that it would take some time, but that he "would have a good arm." A written report of this examination, which respondent read, disclosed that he had an ununited fracture of the olecranon process of the left ulna, and that bony union had not yet occurred. The report concluded with these words: "This man has not reached the maximum improvement. It is less than 8 weeks since his operation, and the arm is still sore. He has a fairly good range of motion and good flexion strength. The extension is somewhat weak. This will improve as time goes on and the soreness gets out of the elbow. In my opinion he will not have reached his maximum improvement until 3 or 4 months from this date."

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Meadows v. Emett and Chandler (Second Appellate District, Division Two District Court Of Appeal Of California) Book Reviews 2024

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