James Flad v. San Joaquin Valley Railroad
Published: Dec. 13, 2001 | Result Date: Nov. 5, 2001 | Filing Date: Jan. 1, 1900 |Case number: S1500CV0000242673RA Verdict – $1,702,930
Judge
Court
Kern Superior
Attorneys
Plaintiff
Defendant
William T. McLaughlin II
(McLaughlin Dixon, LLP)
Experts
Plaintiff
Steven J. Nagelberg M.D.
(medical)
John R. Brault M.S.
(technical)
Stephen T. Riley
(technical)
Bill Olson
(medical)
Janice Wexler
(technical)
Defendant
Nicholas J. Carpenter Ph.D.
(technical)
Geoffrey M. Miller M.D.
(medical)
Facts
The plaintiff, a 35-year-old male, was employed by the defendant as a conductor and engineer. On May 20,
1999, in the course of climbing onto a locomotive engine, he pulled himself up by using the handrails and the
right handrail snapped loose. As a consequence, he wrenched his right shoulder and spun around with his left
foot planted on the step, and with his left hand holding onto the left handrail. A few days later, the plaintiff
received medical treatment to his right shoulder and was diagnosed with a shoulder impairment.
Two to three weeks later, he began treatment for injury to the cervic-thoracic junction,
which was ultimately diagnosed as chronic myofacial pain syndrome, and injury to the muscles
and ligaments. He underwent physical therapy but had no surgeries. The physicians imposed
lifting restrictions, which prevented him from returning to his former occupation. The defendant
offered the plaintiff an alternative job as a "crew hauler" at a rate of pay of circa $20,000
annually as against the $50,000 he had been earning prior to the accident.
Settlement Discussions
The plaintiff made a demand of $895,000 that was ultimately reduced to $499,999 shortly before trial. The defendant offered $35,000 with an indication that this could be increased to $150,000.
Specials in Evidence
Not in issue $90,000 $900,000 to age 67
Injuries
Right shoulder impingement, chronic myofacial pain syndrome.
Other Information
Post-trial motion is pending.
Deliberation
2.5 hours
Length
six days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390