Confidential
Settlement – $129,600Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Anthony F. Witteman
(Theodora Oringher PC)
Defendant
Ann M. Asiano
(Clark Hill LLP)
Facts
The plaintiff, an employee of "A" corporation was injured on March 17, 2000 while loading
containers onto the defendant BÆs freight train. B had contracted with A to perform the loading
operations. The injury occurred at BÆs freight yard when the plaintiff attempted to collapse a
retractable hitch attached to the deck of the freight car. The hitch was allegedly manufactured by
the co-defendant, "C" Industries. As the hitch collapsed, the plaintiff lost his footing on the deck
of the freight car. His left foot was caught by the collapsing hitch which resulted in the plaintiff
losing three toes, including the large toe.
Settlement Discussions
BNSF agreed to pay $45,000 and hold the plaintiff harmless from the workers' compensation lien amounting to $69,600. The defendant Trinity agreed to pay $15,000.
Injuries
The amputation of three toes, including the large toe. Workers' compensation covered all the past and future medical expenses and provided vocational rehabilitation.
Result
The defendant B agreed to pay $45,000 and hold the plaintiff harmless from the workerÆs compensation lien of $69,600. The defendant C agreed to pay $15,000.
Other Information
The parties conducted the mediation before Denise Madigan of ADR Services.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390