Ricardo Talamantez v. Southern Pacific Transportation Company
Published: Mar. 19, 1994 | Result Date: Feb. 25, 1994 | Filing Date: Jan. 1, 1900 |Case number: BC072403 – $3,000,000
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
David L. Schrader
(Morgan, Lewis & Bockius LLP)
Experts
Plaintiff
Robert E. Hitson
(technical)
Stuart Baumgard
(medical)
James R. Loumiet
(technical)
Robert W. Johnson CPA
(technical)
Facts
On January 31, 1992, Plaintiff Ricardo Talamantez, a 41-year-old non-English-speaking 10-year resident alien and factory worker, got off work on a Friday afternoon with several co-workers. They bought a case of beer which was consumed on Defendant Southern Pacific's right-of-way in the City of Bell. Plaintiff consumed 6 or 7 beers at the time. Thereafter, he went to a nearby bar and had 2-4 more beers. He then returned to the area near the tracks where he had originally been drinking and has no memory of any further events. Plaintiff was seen by the Southern Pacific crew laying between the railroad tracks with his legs extended over one rail. The Defendant's crew, traveling at 24 mph, were unable to stop the train before running over the Plaintiff.
Settlement Discussions
Plaintiff contends he made a 998 demand for $1,200,000 and Defendants offered $200,000.
Specials in Evidence
$31,000 (collateralized) $20,000 $310,000 not disclosed
Injuries
Above-the-knee, bilateral amputation of the legs requiring debridement and closure; Plaintiff is restricted to a wheelchair for life.
Deliberation
2.5 days
Poll
12-0
Length
8 days
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