Erickson v. A.T. & Santa Fe Railway and Union Pacific Railroad
Published: Sep. 13, 1997 | Result Date: Jun. 19, 1997 | Filing Date: Jan. 1, 1900 |Case number: SCV10738 Verdict – $1,156,000
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
John M. Samberg
(Wolf, Rifkin, Shapiro, Schulman & Rabkin)
Defendant
Experts
Plaintiff
Robert E. Hitson
(technical)
Harry J. Krueper Jr.
(technical)
F. David Rudnick
(medical)
Defendant
Mark S. Sanders Ph.D.
(technical)
Facts
In March 1993, plaintiff Erickson, a 67-year-old retiree, and his deceased wife were in a car that was struck by a train at the Summit Road crossing in rural San Bernardino County. The crossing was controlled by stop signs. The plaintiffs' vehicle was struck by a defendant S.F. Railway train. A Union Pacific Railroad train and another S.F. Railway train were stopped nearby. The plaintiff brought this wrongful death action against the defendants based on negligence, wrongful death and spoliation of evidence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $1.5 million. Defendant Santa Fe made a settlement offer of $30,000.
Injuries
The plaintiff allegedly sustained brain injury, numbness in his lower extremities and lack of sexual function.
Other Information
The verdict was reached approximately three years and three months after the case was filed.
Deliberation
5 days
Poll
10-2
Length
5 weeks
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