Maricruz Fernandez, Juan Guillermo Fernandez, Marco Antonio Fernandez, Luis Eduardo Fernandez, Jorge Alejandro Fernandez, and Pedro Fernandez v. JD McGrath Farms, County of Ventura, Longford Partners LP, National Railroad Passenger Corporation dba Amtrak, State of California, Union Pacific Railroad Company, and The People of the State of Californi
Published: Feb. 18, 2017 | Result Date: Aug. 31, 2016 | Filing Date: Jan. 1, 1900 |Case number: 56-2014-00451504-CU-PO-VTA Settlement – $125,000
Court
Ventura Superior
Attorneys
Plaintiff
Borislav Kasreliovich
(Layfield & Barrett)
Defendant
Lisa N. Shyer
(Procter, Shyer & Winter LLP)
Michael E. Murphy
(Sims Law Firm LLP)
Facts
Plaintiffs filed suit against various defendants in connection with the death of their father, Petronilo Fernandez-Lopez. Plaintifs Maricruz Fernandez, Juan Guillermo Fernandez, Marco Antonio Fernandez, Luis Eduardo Fernandez, Jorge Alejandro Fernandez, and Pedro Fernandez, were decedent's six adult children.
Contentions
PLAINTIFFS' CONTENTIONS:
On April 22, 2013, the decedent was driving his truck at the farm when an Amtrak train broadsided his vehicle. The decedent died as a result injuries sustained from the collision. Plaintiffs asserted claims for negligence and premises liability.
DEFENDANTS' CONTENTIONS:
Amtrak and Union Pacific denied plaintiffs' allegations. Defendants also contended that the train engineer could not avoid the collision because the decedent stopped in front of the train. The other defendants, meanwhile, contended that they neither owned nor controlled the railroad crossing. As such, they denied liability.
Result
The county, state, and Caltrans were ultimately let out of the case. Amtrak and Union Pacific later reached a settlement with plaintiffs for an undisclosed amount. As such, the matter proceeded against the Farms and Longford only. The Farms and Longford reached a $125,000 settlement with the family.
Other Information
FILING DATE: April 15, 2014.
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