Confidential
Settlement – $400,000Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Scott A. Kennedy
(Law Offices of Burg & Brock)
Defendant
Facts
On Oct. 17, 1998, the plaintiff, a 59-year-old freight railroad conductor, was working in the defendantÆs railroad
yard in Van Nuys, California, performing switching operations with his two fellow crew members. The
plaintiff was required to open a coupler on a railroad car to connect it with another car. As frequently occurs,
the plaintiff was required to manually open the knuckle apparatus in the carÆs coupler. Upon doing so, the
knuckle, which was missing a knuckle pin, fell out of its casing and onto the plaintiffÆs foot.
Settlement Discussions
The plaintiff demanded $500,000. The defendant initially offered $75,000 but raised its offer to $125,000 at mediation.
Specials in Evidence
$85,000 $85,000 $300,000 $300,000
Injuries
The plaintiff sustained a fractured foot.
Other Information
The plaintiff was granted a permanent disability annuity by the railroad retirement board.
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