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Personal Injury (Vehicular)
Railroad Accident
Wrongful Death

Magdalyn Korpal, et al. v. Amtrak

Published: Nov. 19, 1994 | Result Date: Nov. 1, 1994 | Filing Date: Jan. 1, 1900 |

Case number: BC079737 –  $2,496,140

Judge

Aurelio N. Muñoz

Court

L.A. Superior Central


Attorneys

Plaintiff

Gary C. Eto

Alvin M. Hall


Defendant

Darrell D. Miller

Jeffrey Kravitz
(Alternative Resolution Centers )


Experts

Plaintiff

George DeLellis
(technical)

Charles R. Sadler
(medical)

Homer C. Henry
(technical)

Defendant

Glenn A. Burdick
(technical)

Wilmore B. Finerman Jr.
(medical)

Facts

On May 11, 1992, an 84-year-old retired man fell from the upper berth of Defendant Amtrak's railway car for handicapped passengers. He had been traveling with his 78-year-old spouse, from Los Angeles to Naperville, Illinois. He sustained a fractured right femur and died 17 days later of complications. Plaintiff Magdalyn Korpal was the decedent's widow.

Settlement Discussions

Plaintiff contends her initial demand was $500,000 at a voluntary settlement conference; increased in a 998 demand to $1,000,000; lowered to $599,000; and Defendant offered $100,000 before trial; $200,000 during jury deliberations. Defendant contends Plaintiff's initial demand at a VSC was $600,000; followed by a 998 in the amount of $599,999; and increased to $3,500,000 at trial.

Specials in Evidence

$25,000

Damages

Medical expenses and $950 burial expenses.

Injuries

Wrongful death of spouse.

Deliberation

3 days

Poll

varied

Length

15 days


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