Roberta Page v. Southern Pacific Transportation Co.
Published: Jan. 18, 1997 | Result Date: Sep. 27, 1996 | Filing Date: Jan. 1, 1900 |Case number: NC014418 – $856,000
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Joel Krissman
(Krissman & Silver LLP)
Defendant
Lawrence P. Riff
(Los Angeles County Superior Court)
Experts
Plaintiff
George Godzak
(technical)
Mack A. Quan
(technical)
William Krisell
(technical)
Michael Christenson
(technical)
Leonard N. Matheson M.D.
(technical)
Reese E. Polesky
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Herman Madden
(technical)
Robert W. Hunt
(medical)
Facts
On Feb. 26, 1993, plaintiff Roberta Page, a 32-year-old yard truck driver, was injured when she drove a yard tractor into a series of potholes filled with water and was thrown from her seat to the cab floor. The accident happened at defendant Southern Pacific Transportation Company's dirt storage lot at the intermodal container transfer shipping facility. There was a long history of complaints from yard truck drivers concerning the surface deterioration of this dirt storage lot. Although the defendant had perfomed maintenance from time to time, the lot was never paved and the deterioration continued chiefly due to soils conditions, heavy traffic and rainfall or watering. The plaintiff brought this action against the defendant based on negligence and FELA theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $1 million. The defendant made a C.C.P. º998 offer of compromise for $750,000.
Specials in Evidence
collateralized $100,000 $800,000 (per the plaintiff) $0 (per the defendant) $35,000
Injuries
The plaintiff alleged she sustained a low-back injury, requiring a laminectomy at L3-L5-S1 and resulting in post-surgical fibrosis, scarring and chronic back pain.
Other Information
ARBITRATION: An arbitration was held resulting in an award of $500,000. The defendant requested a trial de novo. The jury found the plaintiff 35% contributorily negligent, but this finding was stricken by the trial judge granting the plaintiff's motion for judgment nothwithstanding the verdict.
Deliberation
1+ days
Poll
10-2
Length
10 days
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