Confidential
Settlement – $4,500,000Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Fred D. Crawford IV
(Law Offices of Fred D. Crawford IV ALC)
Defendant
Facts
The accident occurred on June 14, 1998, at approximately 11:15 a.m., at a railroad crossing in the City of Industry. The husband/father, 31, was driving his Toyota 4-Runner approximately 30 mph on westbound on Temple Avenue. His 27-year-old wife, who was almost eight months pregnant, was seated in the right front seat, their 3-year-old daughter was in the right rear seat and his elderly mother was in the left rear seat. Two railroad locomotives and 22 gondola railroad cars were in a string of 24 (approximately 1,400 feet in length) moving backwards (shoving) from the north at 18 mph towards the Temple Avenue crossing. As the 4-Runner approached the railroad crossing, the plaintiff claimed the warning devices at the crossing did not timely operate and the occupants of the vehicle did not have proper warning of the oncoming train. The plaintiffs contended that they failed to receive the legally required warning before a train enters an intersection; that the conductor on the train failed to comply with railroad operating and safety rules; that he did not follow basic safety procedures; that he did not stop the train to warn vehicular and pedestrian traffic of the train's presence when he knew that he was obligated to do so; and that he took no action to avoid this accident until, if at all, the approximately 1,100 ton train was only 1-2 train car lenghts from the Temple Avenue crossing. The train smashed into the 4-Runner and pushed the vehicle almost 250 feet down the railroad track before the train finally stopped. The wife/mother and her fetus were crushed by the train and died within an hour after the accident. The 3-year-old daughter was also crushed by the train, lapsed into a coma and died six days later. The surviving husband/father suffered from the loss of his family, a dislocated jaw, a broken nose, pain throughout his body and cuts and bruises. His mother suffered from a dislocated shoulder, numerous lacerations, deep bruising and pain over her entire body. The plaintiffs filed suit against the railroad and its conductor and engineer, the owner of the railroad track, the maintainers of the railroad truck and the manufacturer of the grade crossing predictor. The causes of action included wrongful death, negligence, emotional distress, products liability, personal injuries and survivor damages. Several cross-complaints were also filed.
Specials in Evidence
$120,000
Damages
$10,000 (funeral)
Other Information
<M>A two-day mediation was held before Judge Sam Cianchetti, from IVAMS.</M>
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