Confidential
Settlement – $662,500Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Scott A. Kennedy
(Law Offices of Burg & Brock)
Michael D. Padilla
(O'Mara & Padilla)
Defendant
Sydnee R. Singer
(Law Offices of John A. Hauser)
Experts
Plaintiff
Paul Broadus M.A.
(technical)
Sidney H. Levine
(medical)
Tamorah Hunt
(technical)
Edwin C. Amos M.D.
(medical)
Defendant
George M. Brinton
(technical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Facts
On June 10, 1994, at 5 p.m., the plaintiff, a 47-year-old freight railroad conductor, was being transported by the defendant transportation company to a work site where he was going to perform his duties as a conductor on behalf of his employer, the defendant railroad. The defendant transportation company was transporting the plaintiff pursuant to a contract with the defendant railroad. The driver of the defendant transportation company's van, while in the process of transporting the plaintiff and another worker, rearended a vehicle while travelling on the freeway in Los Angeles. The plaintiff brought this action against the defendant transportation company based on negligence and against his employer (the defendant railroad) based on FELA.
Settlement Discussions
The plaintiff made a settlement demand of $1.5 million to $2 million (per the defendants) or $800,000 (per the plaintiff), reduced to $662,500 at trial. The defendants made settlement offers of $150,000, increased to $250,000 (per the plaintiff) or $500,000 (per the defendants).
Specials in Evidence
$34,000 $1 to $5 million (per the defendants) $10,000
Injuries
The plaintiff alleged he suffered an L5-S1 herniated disc requiring surgery which was performed on March 18, 1996. As a result of the herniated disc and surgery, the plaintiff claimed he was permanently disabled from his duties as a railroad freight conductor.
Result
The settlement was reached approximately ____ years and ____ months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/1996 before _____________ (name) of ______________ (affiliation or court) resulting in ________________ .
Other Information
The settlement was reached approximately one year and eight months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held before Robert Frattiane of ARC. It did not resolve the matter.
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