Ron Anderson v. Union Pacific Railroad Company
Published: Aug. 31, 2004 | Result Date: Apr. 21, 2004 | Filing Date: Jan. 1, 1900 |Case number: CIVS01208GGH Verdict – $1,000,000
Judge
Court
USDC Eastern
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Xandra Tielman
(medical)
Mariusz Ziejewski
(medical)
Barry Ben-Zion Ph.D.
(technical)
Jerome Schofferman
(medical)
Myla Young
(medical)
Lupe Vallejo
(technical)
Richard R. Koch
(technical)
Jeffrey Grolig
(medical)
Kenneth Ziedman
(technical)
Gerald Fulghum
(technical)
Defendant
John Janzen
(technical)
John L. Chase
(medical)
Thomas A. Boster
(technical)
Dean C. Delis Ph.D.
(medical)
Sheldon Margulies
(medical)
Facts
On Sep. 12, 2000, in Dunsmuir, the plaintiff, a 49-year-old engineer, had just detrained from a locomotive engine and was bent over inspecting his engine and, as he was changing to an upright position, he struck his head on the end of an old fueling station above-ground standpipe, the end of which was U-shaped and hung 5' 5" off the ground. The standpipe was left in place next to the tracks when the standpipe was taken out of service in the 1980s.
Settlement Discussions
The plaintiff demanded $500,000; the defendant offered $100,000.
Specials in Evidence
PLEASE PROVIDE A FIGURE $755,000 PLEASE PROVIDE A FIGURE
Injuries
The plaintiff claimed he suffered a minor traumatic brain injury with cognitive deficits which, because there was no loss of consciousness, nor any skull fracture or bleeding, went undiagnosed for six months. He also claimed injury to the cervical spine and that he sustained a sacroiliac joint injury. The plaintiff and his doctors testified that the lower back injury was totally resolved with joint injections and that the cognitive deficits were improved by cognitive therapy and that the neck pain was reduced 75-80 percent though cervical facet neurotomies. The plaintiff will require 1-2 of these annually for the remainder of his life.
Other Information
This case was settled post verdict.
Deliberation
3.5 days
Length
14 days
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