Illinois Appeals Court Vacates $3.5 Million Union Pacific Verdict Over Excluded Conviction Evidence

On Dec. 9, 2025, an Illinois appeals court overturned a $3.5 million injury verdict against Taft client Union Pacific Railroad Co., ruling that the trial court wrongly barred evidence of the plaintiff's prior theft conviction. The appellate court said plaintiff Jeffrey Kozik Jr., who claimed he was injured by concrete falling from a bridge in 2017, had obtained a "certificate of good conduct," which lifts employment and housing barriers, but that it was not equivalent to a certificate of rehabilitation blocking use of the conviction for impeachment at trial.

The three-judge panel found that the trial court misapplied Rule of Evidence 609(c) by treating the two certificates as the same, noting that the good conduct statute explicitly allows a conviction to be used for impeachment. The opinion also questioned Kozik's motives, saying he appeared to have sought the certificate merely to gain an advantage in the civil case.

Because Kozik's credibility was critical, given no witnesses and only subjective injury symptoms, the court ordered a new trial.

The case is Kozik v. Union Pacific Railroad Co., case number 1-24-2219, in the Appellate Court of Illinois, First District.

Union Pacific was represented by Taft partners Tim Eaton and Jon Amarilio, as well as associate Adam Decker.