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Employment Law
FELA Law
Negligent Maintenance

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

William J. Birney

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


#119053

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