Boggio (a minor) v. Southern Pacific Transportation Co.

The decedent was struck by a moving railcar and thrown onto the rails. His legs were severed at the thigh level. He was pronounced dead approximately 30 minutes later; the cause of death was traumatic injuries. Settled for $950,000.00.

Plaintiff's Technical Expert Witnesses:
August Westphal, Railroad Operations 35239 Greenwich Avenue, P.O. Box 39146 North Ridgeville, OH 44039-0146 216/327-7125
Stephen Blewett, Accident Reconstructionist 2406 N. Lake Avenue Altadena, CA 91001 818/798-3028

Defendant's Technical Expert Witnesses:
George DeLellis, Railroad Operations 10312 E. Freer Street Temple City, CA 91780
Michael Von Haenel, Accident Reconstructionist 639 West Broadway Glendale, CA 91204 818/502-1645

Defendant Insurance: SelPermissibly self-insuredf

Date, Time and Place of Incident (s):
April 21, 1995, 8:30 am, General Pool Services, 13280 Amar Road, Industry, CA

Facts and Background:
Wrongful death action filed pursuant to the Federal Employers Liability Act brought by the minor daughters of a SOUTHERN PACIFIC TRANSPORTATION COMPANY brakeman killed in the course and scope of his employment with defendant Southern Pacific. The decedent and plaintiffs mother were divorced. On April 21, 1995, plaintiffs decedent, ALBERT JOSEPH BOGGIO, was working in his capacity as a brakeman for defendant SOUTHERN PACIFIC TRANSPORTATION COMPANY performing switching operations at GPS Industries,13280 Amar Road, Industry, California. The decedent was struck by a moving railcar and thrown onto the rails. His legs were severed at the thigh level. He was pronounced dead approximately 30 minutes later; the cause of death was traumatic injuries.

Plaintiff's Contentions, Allegations:
Plaintiffs contended that defendant was negligent as a matter of law for violation of a federal statute promulgated by the Federal Railroad Administration for the safety of railroad employees and that said violation was a legal cause of the decedents death. The Court, on March 26, 1997, granted plaintiffs motion for summary adjudication on the issue of defendants negligence and the affirmative defense of contributory negligence. Defendant was found to have violated 49 CFR 220.49 and judged negligent per se. It was further ruled that defendants negligence contributed, in fact, to the decedents death and that, by operation of 45 U.S.C. section 53, they could not maintain their affirmative defense of contributory negligence

Injuries and/or Damages:
Economic losses sustained by decedents minor daughters until age of maturity and loss of care, guidance and training of their father. Loss of society, comfort and consortium not compensable under the FELA

Defense:
Defendant contended that plaintiffs decedent was the sole cause of the accident for walking too close to the railroad tracks and that they were not negligent in any way. Defendant further contended that the decedents beneficiaries were entitled to approximately $373,000 in economic damages

Specials:
PAST LOST EARNINGS: Plaintiff-$103,561; Defendant-$51,167
FUTURE LOST EARNINGS: $397,334; Defendant-$221,404
OTHER SPECIALS (comp lien, permanent and/or temporary disability, vocational rehab, etc.): Railroad Retirement Benefits, home services and loss of care, guidance and training.

Settlement Amounts: Southern Pacific Transportation Company - $950,000.00

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

Attorney for defendant: James C.E. Barclay, Esq., Union Pacific Law Department

Individual Defendants:
The decedent was struck by a moving railcar and thrown onto the rails. His legs were severed at the thigh level. He was pronounced dead approximately 30 minutes later; the cause of death was traumatic injuries. Settled for $950,000.00.