Patricia Bernal v. Atchison, Topeka and Santa Fe Railroad Co., Southern Pacific, et al.
Published: Aug. 5, 1995 | Result Date: Jul. 13, 1995 | Filing Date: Jan. 1, 1900 |Case number: 220163 – $1,790,660
Judge
Court
Kern Superior
Attorneys
Plaintiff
Michael J. Bidart
(Shernoff, Bidart & Echeveria LLP)
Defendant
Experts
Plaintiff
Mark S. Sanders Ph.D.
(technical)
Harry J. Krueper Jr.
(technical)
Raymond G. Schultz
(technical)
Robert E. Hitson
(technical)
Defendant
John M. Quilty
(technical)
George Y. Blair
(technical)
Thomas S. Montgomery
(technical)
Richard Nordstrom
(technical)
Facts
On April 26, 1991, near the extension of Tejon Highway east of Bakersfield at the Southern Pacific tracks, Francisco Bernal was westbound on the Edison Highway in his Ford F-250 pick-up; he was traveling parallel and ahead of a consist of 4 Santa Fe locomotives that were returning to Bakersfield from Tehachapi. Mr. Bernal, a 53-year-old sheep rancher, turned north at the dirt road extension of Tejon Highway and stopped at the first set of 2 Southern Pacific railroad tracks where a white, X-cross, wooden sign announced a railroad crossing. No red lights, bells, automatic gates or stop signs were present -- then or now -- at the crossing. Bernal began to cross the bumpy tracks at a slow speed when the 800-ton engines, traveling at approximately 60 mph, slammed into and broadsided the pickup; spinning and overturning the truck; ejecting and killing Mr. Bernal. Plaintiff was the decedent's widow, Patricia Bernal.
Settlement Discussions
Plaintiff contends her demand was $500,000 and Defendants made a 998 offer in the amount of $25,000.
Specials in Evidence
$644,606
Injuries
Death of spouse.
Deliberation
2 days
Poll
11-1
Length
17 days
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