Daniel Heck v. Southern Pacific Transportation Co.

Plaintiff, while riding the side of the box car, was pulled to the ground by a protruding metal brace which existed on the fence owned by co-Defendant Paco Steel & Engineering Corp. The fence was leaning towards the railroad tracks in such a way as to cause the metal brace to unsafely encroach the railroad track right of way. As a result of being pulled off the box car by Paco Steels fence, Plaintiff suffered severe personal injuries which necessitated surgery on his left shoulder and neck. Jury verdict for $988,904.00.

Plaintiff's Medical Expert Witnesses:
Gregory Yoshida, M.D., Board Certified Orthopedic Surgeon, Spine Surgery, 19000 Hawthorne Blvd., Westminster, CA 92683, (310) 542-3472 Richard Shrader, M.D., Board Certified Orthopedic Surgeon, 3640 W. Lomita Blvd., Suite 102, Torrance, CA 90505, (310) 373-0991

Defendant's's Medical Expert Witnesses: James London, M.D., Orthopedics

Plaintiff's Technical Expert Witnesses:
August W. Westphal, Railroad Operations, P. O. Box 39146, North Ridgeville, Ohio 44039-0146, (440) 327-7125
Peter Formuzis, Ph.D., Economics, 2000 E. Fourth St., Suite 200, Santa Ana, CA 92705, (714) 542-8853
Richard H. Andersen, M.S., C.V.E., C.R.C., Vocational Rehabilitation, Vector, 13822 Beach Boulevard, Westminster, CA 92683, (714) 898-5533

Defendant's's Technical Expert Witnesses:
Peter Wrobel, CPA, Forensic Accountant Jan Wolff, M.S., C.V.E., C.R.C., Vocational Rehabilitation

Defendant Insurance: Rermissably self-insured

Date, Time and Place of Incident (s):
January 8, 1996, 4:45 p.m., Railroad Track near Alameda Street, Rancho Dominguez, CA

Facts and Background:
Plaintiff, on January 8, 1996, had been employed by Defendant SOUTHERN PACIFIC TRANSPORTATION COMPANY as a freight railroad conductor for approximately 16 years. At approximately 4:45 p.m., on January 8, 1996, after delivering several box cars to SOUTHERN PACIFIC customer, Southwest Plywood & Lumber Corporation, Plaintiff climbed onto the rear car attached to a locomotive engine. The engineer moved the engine and the cars out of the facility at approximately 4 to 6 MPH. Plaintiff, while riding the side of the box car, was pulled to the ground by a protruding metal brace which existed on the fence owned by co-Defendant Paco Steel & Engineering Corp. The fence was leaning towards the railroad tracks in such a way as to cause the metal brace to unsafely encroach the railroad track right of way. As a result of being pulled off the box car by Paco Steels fence, Plaintiff suffered severe personal injuries which necessitated surgery on his left shoulder and neck.

Plaintiff's Contentions, Allegations:
Plaintiff contended that both Defendants were negligent. Plaintiff contended that his employer, SOUTHERN PACIFIC TRANSPORTATION COMPANY, under the Federal Employers Liability Act, failed to provide him with a reasonably safe work place in that it allowed him to work in an area where a fence was in a dangerous condition. Plaintiff further contended that co-Defendant PACO STEEL & ENGINEERING CORP., under California common law, was guilty of premises liability for causing their fence to create a dangerous condition which injured the Plaintiff.

Injuries and/or Damages:
Plaintiff suffered injuries to his left shoulder and neck which required surgery. On April 12, 1996, Plaintiff had left shoulder surgery and thereafter on October 24, 1996, he had a cervical discectomy and fusion performed by Dr. Gregory Yoshida. As a result of the injuries suffered in the accident and the resultant disability following surgery, Plaintiff was permanently disabled from returning to work as a freight railroad conductor. Plaintiff was earning approximately $75,000 per year as a conductor.

Defense:
Both Defendants denied all responsibility for Plaintiffs injuries or damages and disputed the nature and extent of Plaintiffs injuries and damages. Both Defendants contended that the Plaintiff had pre-existing degenerative arthritis in both his left shoulder and his cervical spine, and argued to the jury that they should reduce any damages awarded to the Plaintiff by 50% to account for the Plaintiffs pre-existing degenerative arthritic condition.

Specials:
PAST MEDICAL: N/A (paid by Defendants health insurers)
FUTURE MEDICAL: N/A PAST LOST EARNINGS $147,000.00
FUTURE LOST EARNINGS: $800,000.00

Demand:
ORIGINAL: $ 850,000.00 MSC: $ 800,000.00 AT TRIAL: $ 800,000.00 PLAINTIFFS ATTORNEYS ASKED THE JURY FOR: $ 1.2 MILLION

Offer:
DEFT: SOUTHERN PACIFIC - $75,000 at MSC thru trial
DEFT: PACO STEEL - $60,000 at MSC thru trial

Verdict or Award:
Economic Damage $689,336.00 Non-economic Damage $299,568.00 Net Award = $988,904.00

Other Verdict Details:
Jury returned a special verdict in which it determined Plaintiff to be 0% negligent, SOUTHERN PACIFIC 25% negligent, and PACO STEEL 75% negligent. Both Defendants negligence was a cause of Plaintiffs injuries and damages. Judgment entered on November 16, 1998.

Length of Trial: Six court days

Jury: Deliberated 1 day

Jury Polled: 12-0 on Defendants negligence; 11-1 on Plaintiffs lack of negligence; and 9-3 on 25/75 apportionment

Attorney for client: Michael D. Padilla and Scott A. Kennedy

Attorney for defendant:
Southern Pacific: Todd Theodora, ESQ., Stephan Ginsburg, Oringher & Richman
Paco Steel & Engineering Corp: Marshall Vorkink, ESQ., Cummins & White, LLP

Individual Defendants:
Plaintiff, while riding the side of the box car, was pulled to the ground by a protruding metal brace which existed on the fence owned by co-Defendant Paco Steel & Engineering Corp. The fence was leaning towards the railroad tracks in such a way as to cause the metal brace to unsafely encroach the railroad track right of way. As a result of being pulled off the box car by Paco Steels fence, Plaintiff suffered severe personal injuries which necessitated surgery on his left shoulder and neck. Jury verdict for $988,904.00.