Brian Johnson v. Union Pacific Railroad
Published: Mar. 9, 2002 | Result Date: Nov. 26, 2001 | Filing Date: Jan. 1, 1900 |Case number: SCVSS64452 Verdict – $1,090,000
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Gregory A. Patton
(Patton Mosier)
Defendant
Experts
Plaintiff
John Morrison
(medical)
Roy H. Simon
(medical)
John Regan
(medical)
Defendant
P. Douglas Kiester M.D.
(medical)
Brian Heikkila
(technical)
Mike Wall
(technical)
Facts
On Nov. 1, 1997, the plaintiff, a 48-year-old railroad engineer and an employee of the defendant, was backing his
train with five engines under power, in a switching yard in the City of Commerce. The defendantÆs employee,
the conductor on the ground, failed to line the switch properly and this caused the plaintiff to back into cars on
a track from which they had been previously separated. As a result, the plaintiff collided with the stationary cut
of cars and suffered injuries.
Settlement Discussions
The plaintiff demanded $1.5 million. The defendant offered $200,000 with the requirement that the plaintiff resign from the railroad and forfeit all benefits.
Specials in Evidence
all collateralized $1,500,000
Injuries
The plaintiff sustained injuries to his shoulder and back. He underwent surgery on his left shoulder for a torn rotator cuff. He also underwent surgery on his thoracic spine for a herniated disc.
Other Information
PLEASE PROVIDE THE CITY OF LOCALE OF EXPERTS, Mike Wall _____________ and Brian Heikkila ___________
Deliberation
2.5 days
Poll
9-3 (negligence), 9-3 (damages)
Length
10 days
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