Confidential
Settlement – $210,000Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Gregory A. Patton
(Patton Mosier)
Defendant
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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