Confidential
Settlement – $181,000Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
The plaintiff, was a 37-year-old machinist who worked for the defendant railroad. On Feb. 28, 1997, the plaintiff was in the process of inspecting a locomotive engine when he opened a double car body door on defendant's locomotive and the majority of the heavy steel door pulled away from the door frame hitting the plaintiff on the top of his left shoulder. There were no witnesses to the incident. The incident occurred at approximately 4:30 p.m. At the time, the weather was clear. The plaintiff claimed that as a result of this incident, he injured his left shoulder requiring surgery and that he injured his back. The plaintiff brought this action against the defendant based on FELA. The plaintiff was back at work as of Sept. 21, 1998 and was being retrained as a material expenditure clerk. In that capacity, the plaintiff earn a higher rate of pay then he was earning as a machinist.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $ ______________. The defendant made C.C.P. º998 offer of compromise for $ _________________.
Specials in Evidence
Medical bills were paid by the defendant $20,000
Injuries
The plaintiff sustained an alleged disc injury to his back and a left shoulder injury which required arthroscopic surgery. Post-operative diagnosis was chronic rotator cuff tendinitis with impingement syndrome, left shoulder; painful AC-joint arthritis, status post previous left shoulder separation; and displaced avulsion of the interior superior labrum with attached biceps tendon (SLAP Lesion II).
Other Information
The settlement was reached approximately 10 months after the case was filed. A settlement conference was held on Oct. 2, 1998, before Denise Madigan of JAMS/Endispute resulting in settlement of the case.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390