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Appeals court upholds $1 million injury award

FOND DU LAC, Wis. (AP) — A state appeals court has upheld a $1 million award to a Wisconsin Central conductor injured in the North Fond du Lac rail yards.

Bruce Dalka, of Malone, was working on a switch crew in June 2005 when a drunken driver in a stolen car headed straight for him in the rail yard. Dalka got out of the way, but tripped and fell and injured his lower back. Dalka sued his employer, saying the railroad had no controlled access to the yard’s parking lot where the car was stolen, despite previous trespassers.

The Fond du Lac Reporter says the railroad appealed, claiming it could not have possibly foreseen the incident. Dalka’s attorneys, Hunegs, LeNeave & Kvas of Minneapolis, Minn., say their client has had five surgeries for his injury.

Information from: The Reporter, http://www.fdlreporter.com

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