Ruth Joan Kinion, et al. v. Southern Pacific
Published: Mar. 25, 1995 | Result Date: Feb. 7, 1995 | Filing Date: Jan. 1, 1900 |Case number: 70428 – $1,186,170
Judge
Court
Imperial Superior
Attorneys
Plaintiff
John W. Breeze
(Plourd & Breeze APC)
Defendant
Experts
Plaintiff
Robert C. Bucklin
(technical)
Freeman F. Hall Jr.
(technical)
Robert Commelin
(technical)
Robert Caldwell
(technical)
Defendant
Robert S. Baker
(technical)
William A. Anneman
(technical)
Ronald O'Halloran M.D.
(technical)
Robert B. Post Ph.D.
(technical)
Robert Luidskog
(technical)
Facts
On August 8, 1990, Doyle Thomas Kinion, a 57-year-old truck driver in the course and scope of his employment with Cross-defendant Federal Meat, was driving on a rural road out in the countryside and collided with Defendant Southern Pacific's freight train at a grade crossing; the truck struck the lead locomotive causing derailment of the locomotive and 5 cars loaded with gypsum. Kinion died of a broken neck and multiple traumas to his head. The safety devices at the crossing were flashing lights and bells along with advanced warning sign and pavement marking; there were no crossing gates. Plaintiffs were the surviving widow and 4 adult children.
Settlement Discussions
Plaintiffs contend they did not specify their demands and Defendant offered $30,000 to $40,000; Cross-defendant made a 998 offer in the amount of $25,000 on Southern Pacific's Cross-complaint.
Specials in Evidence
$10,000 $205,000
Damages
Plaintiffs sought a jury award of $2,000,000 to $3,000,000. Cross-complainant Southern Pacific sought $110,000 against Federal Meat.
Injuries
Death of spouse/father.
Result
The jury found $205,000 gross ($120,950 net) economic damages and $981,166 gross ($461,148 net) non-economic damages -- for a gross verdict of $1,186,166 ($582,098 net). The jury also found $58,988 gross damages ($24,185 net) on the Cross-complaint.
Other Information
Plaintiffs sought punitive damages, but recovery of same was contingent upon a finding that the decedent survived the collision; no survival was found, thus the issue of punitive damages did not go to the jury.
Deliberation
17-18 hours over 4 days
Poll
9-3
Length
16 days
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