Facts

On Jan. 26, 2005, a criminal trespasser, Juan Manuel Alvarez abandoned an SUV vehicle on railroad tracks during pre-dawn hours, ultimately resulting in the collision and derailment of two Southern California Regional Rail Authority (SCRRA) trains. Eleven persons onboard the trains were killed, and over 100 other passengers were injured. The plaintiff was one of the passengers riding in the northbound Metrolink train when it was hit by the derailed southbound train after it had struck the abandoned SUV. The plaintiff, age 55, was ejected from the train and suffered catastrophic injuries.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that SCRRA was negligent and breached its common carrier obligations by virtue of the southbound train operator's failure to immediately engage in full emergency stop procedures. The operator first observed a "reflector" on the tracks approximately 1/4 to 1/2 mile ahead. The operator should have known the reflector was an obstruction, and should have engaged in full emergency stop procedures at that time. Had he done so, the plaintiff's experts opined no derailment would have ensued. However, by the time the operator did engage full emergency stop procedures, it was too late to slow the train to avoid impact with the SUV and subsequent derailment, which in turn caused the collision with the northbound train.

DEFENDANT'S CONTENTIONS:
The defendant contended that in addition to the preemption and causation defenses, under Proposition 51, the SUV owner Alvarez was 100 percent at fault for all resulting deaths/injuries/damages due to his intentionally abandoning his vehicle on the southbound tracks. In 2008, Alvarez was convicted of eleven counts of first-degree murder and one count of felony arson. He presently is serving eleven life sentences without the possibility of parole.

Specials in Evidence

$900,000 past loss and future impairment

Damages

Approximately $500,000 paid by insurance subrogation claim was waived in its entirety as part of a separate settlement of plaintiff's job elimination, effective March 2009, due to reduction in force. Reasonable future medicals estimated at $250,000.

Injuries

The plaintiff suffered multiple orthopedic fractures, traumatic brain injury, internal injuries, and psychiatric residuals.

Result

The parties attended mediation with Michael Moorhead of Judicate West, at which time a settlement of $2.9 million lump sum payment was made, inclusive of all lien claims including the $500,000 CIGNA subrogation claim, to plaintiff. The settlement was approved by the SCRRA board in June 2009.