Facts

On July 20, 2006, at 3:10 p.m., a Union Pacific freight train, under the operation of an engineer named Timothy Ledford, was heading south, parallel to Long Beach Boulevard and Vernon Avenue at a rate of 10 or 15 mph. As Ledford approached the intersection, plaintiff Evangelina Munoz tried to cross in front of the moving train. She slipped and hit the ground on or close to the tracks and was not able to get up. The train hit her and cut off her left foot.

The grade crossing was shared by defendant Los Angeles County Metropolitan Transportation Authority (LACMTA) and defendant Union Pacific Railroad Corporation. Union Pacific performs upkeep on two of the tracks that are farthest east, situated at the Vernon grade crossing, as well as the warning systems and signals located there.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that defendants were negligent in their construction, design format, ownership, operation and upkeep of the train and its platform.

DEFENDANT'S CONTENTIONS:
LACTMA asserted the affirmative defense of design immunity.

Injuries

Severed left foot.

Result

A verdict of $80,000 in favor of plaintiff, with $45,000 in past economic loss, $10,000 in future economic loss, and $25,00 in past economic loss. The jury found that defendant Union Pacific was 10 percent at fault while the plaintiff was 90 percent at fault.

Other Information

FILING DATE: Dec. 11, 2006.