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Personal Injury (Vehicular)
Premises Liability
Negligence

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

Christopher J. Warner

Court

San Bernardino Superior


Attorneys

Plaintiff

Gregory A. Patton
(Patton Mosier)


Defendant

Nancy W. Carman

Michael L. Whitcomb


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


#90530

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