Confidential
Settlement – $970,000Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Facts
Six plaintiffs were on defendantÆs train, traveling from Los Angeles to Chicago. The Southwest Chief derailed on
Aug. 9, 1997, near Kingman, Ariz., when it traveled over a washed out bridge, due to a rain storm which
resulted in huge flash floods throughout the area.
Settlement Discussions
Plaintiff B demanded $975,000. Plaintiff M. demanded $950,000. Plaintiff A. demanded $50,000. Plaintiff Z. demanded $75,000. Plaintiff J. demanded $50,000. Plaintiff S. demanded $450,000. The defendants offered $225,000 to plaintiff F. No offers made on other plaintiffs.
Injuries
Plaintiff F., a 50-year-old salesman, suffered spinal injury with surgery. Plaintiff M., a 36-year-old part time school bus driver. suffered spinal injury with surgery. Plaintiff A., a 10-year-old boy. suffered blunt abdominal and chest trauma with contusions to the chest. Plaintiff Z., a 15-year-old boy. suffered right lateral posterior chest pain and some right thigh pain. Plaintiff J., a truck driver. claimed for loss of consortium. Plaintiff S., a 61-year-old lead service attendant for defendant railroad, sustained lumbosacral, arm and cervical strains.
Other Information
<m>The case was resolved at a mediation before Bonnie Lee Martin of JAMS.</m>
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