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CONFIDENTIAL

Jul. 26, 1997

Personal Injury
Railroad Accident
F.E.L.A.

Confidential

Settlement –  $2,000,000

Judge

Abby Soven

Court

L.A. Superior Central


Attorneys

Plaintiff

Jack C. Sevey

John D. Gilbert


Defendant

Jane Barrett


Experts

Plaintiff

Robert G. Liptai
(technical)

Leisure Yu
(medical)

Barry Ben-Zion Ph.D.
(technical)

Defendant

Roberta J. Spoon
(technical)

Robert A. Kadlec
(technical)

Facts

On Jan. 19, 1996, the plaintiff, a 24-year-old man, was operating a baggage cart tractor at a train station when his tractor became entangled with a handicap wheel chair lift. Both pieces of equipment were caught by an inbound train, causing the plaintiff to be thrown into the side of the train and to the platform. The plaintiff brought this action against the train company based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $2.4 million. The defendant made a settlement offer of compromise for $400,000.

Injuries

The plaintiff claimed he suffered a crushed pelvis and left tibia, a collapsed diaphram and internal injuries.

Other Information

The settlement was reached approximately one year and two months after the case was filed.


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