Erlinda Magallanez, individually and as successor in interest of decedent, Jimmie G. Magallanez v. City of Los Angeles, et al.
Published: Jan. 15, 2000 | Result Date: Oct. 29, 1999 | Filing Date: Jan. 1, 1900 |Case number: NC020949 Verdict – $1,508,500
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Martin J. Siegel
(technical)
Robert L. Baker
(technical)
Peter Formuzis Ph.D.
(technical)
Defendant
George DeLellis
(technical)
Facts
On Sept. 5, 1996, Jimmie Garcia Magallanez, a 66-year-old longshore foreman was hit and killed by an empty railroad car moving by gravity at the Los Angeles bulkloading facility. There were two prior serious injuries to longshore personnel within approximately five years.
Settlement Discussions
In September 1999, plaintiff made a C.C.P. Section 998 demand for $400,000, raised to $500,000 in October 1999.
Specials in Evidence
$1 million (plus other economic damages)
Injuries
Erlinda Magallanez, widow of the decedent, claimed economic damages resulting from the death of her husband.
Other Information
Motion for judgment notwithstanding the verdict was denied. Motion for new trial was granted.
Poll
12-0 (liability), 12-0 (damages)
Length
nine days
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