Confidential
Settlement – $988,904Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Scott A. Kennedy
(Law Offices of Burg & Brock)
Michael D. Padilla
(O'Mara & Padilla)
Defendant
Experts
Plaintiff
Richard H. Andolsen
(technical)
August Westphal
(technical)
Richard Shrader
(medical)
Gregory Yoshida
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Jan Wolff
(technical)
James T. London M.D.
(medical)
Peter D. Wrobel CPA
(technical)
Facts
On Jan. 8, 1996, plaintiff had been employed by defendant employer as a freight railroad conductor for approximately 16 years. On Jan. 8, 1996, at approximately 4:45 pm after delivering goods to a customer of employer, plaintiff climbed onto the rear car attached to a locomotive engine. The engineer moved the engine and the cars out of the facility at approximately 4 to 6 mph. The plaintiff, while riding the side of the box car, was pulled to the ground by a protruding metal brace which existed on the fence owned by co-defendant. The fence was leaning towards the railroad tracks in such a way to cause the metal brace to unsafely encroach the railroad trucks. The plaintiff suffered severe personal injuries which necessitated surgery on his left shoulder and neck. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a settlement demand for $800,000. The defendant made a joint offer for $135,000.
Damages
As a result of the injuries suffered in the accident, the plaintiff was permanently disabled from returning to work as a freight railroad conductor and was earning approximately $75,000 per year then. The employer offered him a job as a yard master which he would make approximately $40,000 a year.
Injuries
The plaintiff suffered injuries to his left shoulder and neck which required surgery. On April 12, 1996, plaintiff had left shoulder surgery and thereafter on Oct. 24, 1996, he had a cervical discectomy and fusion performed by a doctor.
Other Information
The settlement was reached approximately two years after the case was filed.
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