Martin v. Southern Pacific Transportation Co.

$555,000 settlement for a railroad conductor who suffered permanent disability as the result of a shoulder injury while uncoupling a train car.

Plaintiff's Medical Expert Witnesses:
Stephen J. Lombardo, M.D, Orthopedic Surgery 501 E. Hardy Street, #200 Inglewood, CA 90245 (310) 674-5200

Plaintiff's Technical Expert Witnesses:
Peter Formuzis PhD - Economy Forensic Economics 2000 E. Fourth St., Suite 200 Santa Ana, CA 92705 (714) 542-8853

Defendant Insurance: Self

Date, Time and Place of Incident (s): 10/5/95, 11:00 P.M., Los Angeles, CA

Facts and Background:
On 10/5/95, Plaintiff was injured when he operateda defective drawbar used to uncouple a railroad car from a locomotive

Plaintiff's Contentions, Allegations:
Southern Pacific failed to provide reasonably safe equipment in violation of Federal Safety Appliance Act.

Injuries and/or Damages:
Two shoulder surgeries and one elbow surgery. Totally disabled as conductor. $350,000 in economic loss

Defense:
PLAINTIFF WAS COMPARATIVELY NEGLIGENT FOR FAILING TO INSPECT THE EQUIPMENT AND OPERATING IT IN AN UNSAFE MANNER.

Specials: PAST LOST EARNINGS $100,000 FUTURE LOST EARNINGS $250,000

Demand: ORIGINAL $750,000 MSC $750,000

Offer: $300,000.00

Settlement Amounts: $555,000.00

Attorney for client: Vincent J. Bartolotta, Jr and Scott A. Kennedy

Attorney for defendant: Glen C. Moret, ESQ., Southern Pacific Corporate Counsel

Individual Defendants:
$555,000 settlement for a railroad conductor who suffered permanent disability as the result of a shoulder injury while uncoupling a train car.