Confidential
Settlement – $342,500Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Scott A. Kennedy
(Law Offices of Burg & Brock)
Defendant
Experts
Plaintiff
Edward L. Garr
(medical)
Defendant
Steven R. Graboff
(medical)
Facts
Plaintiff was employed by defendant railroad company as a freight conductor. On Feb. 23, 1998, plaintiff was
assigned to perform switching operations in defendantÆs railroad yard. He was required to place rail cars onto
designated tracks within the yard so defendant could transport the cars to their destined locations.
Plaintiff, as part of his duties, needed to operate a switch to align the tracks to allow the cars to be placed onto
their designated track. Due to heavy rains, the switch was surrounded by mud, water and grease.
The plaintiff walked through the standing water and slipped, injuring his ankle.
Settlement Discussions
The plaintiff demanded $400,000. Defendant railroad company offered $250,000.
Specials in Evidence
$5,000 $65,000 $200,000 $2,000
Injuries
The plaintiff twisted his ankle, initially diagnosed as a sprain. After several months, his ankle did not improve, and an MRI disclosed a possible impingement of a ligament in his ankle. Arthroscopic surgery was performed and the impingement was found and corrected. The plaintiff was permanently restricted from walking on uneven surfaces.
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