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Personal Injury
Aviation Accident
Airline Accident

Dan Padilla, Veronica Padilla, Alicia Vollero, Albie Vollero v. Southwest Airlines Co.

Published: May 18, 2004 | Result Date: Aug. 22, 2003 | Filing Date: Jan. 1, 1900 |

Case number: CV007667 Verdict –  $99,479

Judge

Ronald S.W. Lew

Court

USDC Central


Attorneys

Plaintiff

Charles M. Finkel


Defendant

James W. Huston

Joann F. Rezzo
(Edleson & Rezzo)


Experts

Plaintiff

David J. Paster
(medical)

Dennis F. Shanahan
(medical)

Defendant

Carley C. Ward
(technical)

Bernard S. Rappaport
(medical)

Facts

On March 10, 200, Dan Padilla, 57, a general contractor, and his daughter, Veronica, 38, were passengers on Southwest Airlines Flight 1455 with Alicia Vollero and her husband Albie Vollero. Their flight was to Burbank-Glendale Airport. When the Boeing 737 they were on landed, it overran the runway and crashed onto Hollywood Way near a Chevron station. The passengers were forced to exit the plane through an over-wing evacuation. The Padillas and the Volleros sued Southwest Airlines Co., alleging negligence and negligent infliction of emotional distress. Southwest Airlines admitted negligence. Southwest Airlines disputed the nature and extent of Padilla's injuries as well as causation.

Settlement Discussions

Padilla demanded $200,000. Southwest Airlines offered $150,000.

Specials in Evidence

$29,976 as to Dan Padilla

Injuries

Dan Padilla claimed he suffered soft tissue injuries to his neck and back and required knee surgery. Padilla also claimed he continued to suffer from post-traumatic stress disorder due to the accident.

Result

$99,479

Other Information

Veronica Padilla and Alicia and Albie Vollero settled their claims for an undisclosed amount prior to trial.

Deliberation

three hours

Poll

8-0

Length

four days


#95795

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