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CONFIDENTIAL

Jun. 27, 1998

Personal Injury
FELA
Train Accident

Confidential

Settlement –  $210,000

Judge

Gary J. Ferrari

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Gregory A. Patton
(Patton Mosier)


Defendant

John Mahoney

Marilyn J. Bacon


Experts

Plaintiff

Randolph J. O'Hara M.D.
(medical)

Robert S. Baker
(technical)

Roy H. Simon
(medical)

Defendant

George J. Hernandez Jr.
(Ericksen Arbuthnot) (technical)

Michael Shlens
(medical)

Facts

On Oct. 5, 1995, the plaintiff, a 48-year-old locomotive engineer, was waiting in line with empty cars to transfer to another track. The empty cars were to be dropped off at the Long Beach Harbor in an area controlled by the defendant company. The defendant's employee collided with the plaintiff's train after the air brakes failed because air was drained from the braking system. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $200,000. The defendant offered $165,000.

Specials in Evidence

$34,000 $94,000

Injuries

The plaintiff suffered a torn proas muscle with facet syndrome.

Other Information

The settlement was reached approximately one year and five months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held before attorney Donald Caffray. It did not resolve the matter.


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