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Personal Injury (Non-Vehicular)
FELA
Negligence

Michael Pope v. Southern Pacific Transportation Co., Union Pacific Railroad Company

Published: Jan. 1, 2000 | Result Date: Sep. 3, 1999 | Filing Date: Jan. 1, 1900 |

Case number: CIVS970226DFLGGH Verdict –  $3,383,330

Judge

David F. Levi

Court

USDC Eastern


Attorneys

Plaintiff

Larry Lockshin


Defendant

John P. Cotter
(Diepenbrock & Cotter LLP)

Donald C. Sinclair III


Experts

Plaintiff

W. Bradford DeLong
(medical)

Barry Ben-Zion Ph.D.
(technical)

Mark E. Hambly
(medical)

Richard R. Koch
(medical)

Fred Cox
(medical)

Defendant

Melinda Sells
(technical)

H.B. Morgan
(medical)

Candy Girard
(technical)

Facts

On March 17, 1994, plaintiff Michael Pope, age 53, was injured while attempting to "throw" a defective railroad switch in Anderson. He was employed for 26 years at the defendant Southern Pacific Transportation Co. as a conductor. The plaintiff sued the defendant Union Pacific as a successor in interest to the Southern Pacific, for negligence and violation of applicable regulations of the Federal Railroad Administration.

Settlement Discussions

The plaintiff made a settlement demand for $1.5 million. Defendandant made an offer for $1,380,000.

Specials in Evidence

$245,0006 $128,950.50 $613,000 $21,400

Injuries

The plaintiff suffered low back injury, requiring surgery.

Other Information

The plaintiff obtained a summary judgment on liability before trial. The verdict was reached approximately two years and six months after the case was filed.

Deliberation

14 hours over three days

Poll

8-0

Length

13 days


#97113

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