Kenneth Sorenson, Lilian Sorenson v. Burlington Northern Santa Fe Railroad
Published: Mar. 11, 2006 | Result Date: May 7, 2005 | Filing Date: Jan. 1, 1900 |Case number: JC4268 Bench Decision – $2,670,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Kevin R. Boyle
(Boyle Law)
Brian J. Panish
(Panish, Shea, Boyle & Ravipudi LLP)
Defendant
Facts
In April 2002, Larry Sorenson, a 48-year-old computer engineer, was a passenger on a commuter train that was struck head-on by a freight train of defendant Burlington Northern Santa Fe Railroad. Sorenson was killed. He is survived by his parents, plaintiffs Kenneth and Lilian Sorenson. Plaintiffs sued defendant for wrongful death damages. Defendant admitted liability in exchange for plaintiffs agreeing not to seek punitive damages.
Settlement Discussions
Plaintiffs made a demand of $3 million; defendant made an offer of $1.7 million.
Damages
Plaintiffs, both in their 70s, claimed loss of love and companionship damages. They claimed their son Larry helped them significantly, driving them to medical appointments and helping them with other errands. Although plaintiffs had three other children, Larry lived closest and because he did not have a family of his own, he was the most consistently helpful to them. Further, Larry and his father shared a love of cars and model making, and his mother loved to cook for him. Plaintiffs sought $3 million. Defendant claimed that the plaintiffs were entitled to $100,000 to $300,000 per parent based on their life expectancy of 5 to 7 years and because they had three other children. The defense also asserted that they were not financially dependant on Larry and that they visited Larry infrequently.
Result
The jury found in favor of plaintiffs and awarded them $2.67 million.
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