Facts

In the early morning of July 18, 2003, plaintiff Jon Waterhouse was helping crew members bring an Amtrak train into the Sacramento Depot. Plaintiff, age 38, was an Amtrak locomotive engineer. The train was rear-ended by a Union Pacific train, causing most of the train to be derailed. Plaintiff began to run, fearing that the train would fall on him. He alleged he tripped and twisted his back.

Plaintiff sued National Railroad Passenger Corporation (Amtrak) and Union Pacific Railroad.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that his fall resulted in severe injuries and permanent disabilities.

Settlement Discussions

According to plaintiff, he made a C.C.P. Section 998 demand of $499,999. The defendant's offer was $325,000.

Specials in Evidence

$266,409 $1,529,014 $585,640

Damages

The plaintiff claimed damages of $266,409 in back pay, a range of future wage loss with Amtrak including $1,529,014 and $585,640 future medical.

Injuries

The plaintiff claimed a five-level disc injury per a discogram. Plaintiff claimed he required 11 surgeries, including epidurals, facet joint injections, a discogram and a spinal cord stimulator.

Result

The jury returned a verdict of over $3.3 million against Union Pacific: $226,409 for past lost earnings; $585,640 for future medical; $1,529,014 for future earning capacity; $450,000 for past non-economic; and $500,000 for future non-economic. Amtrak dismissed for a waiver of costs.

Other Information

Union Pacific's post-trial motions for new trial/JNOV denied. Motion to tax costs granted in part. Notice of appeal filed by Union Pacific.

Deliberation

1.5 days

Poll

11-1

Length

two weeks