= Thorsnes Bartolotta McGuire: ERISA Cases
Thorsnes Bartolotta and McGuire San Diego San Diego and Arizona's Consumer Law Firm

David J. Perez, et al. v. Southern Pacific Transportation Co.

Plaintiff was being transported by co-defendant Renzenberger to Southern Pacific Trans. Co. where he worked as a railway freight conductor. Renzenberger van rear-ended another vehicle in Los Angeles causing a herniated disc in Perez?s lumbar spine. Settled for $662,500.

Plaintiff's Medical Expert Witnesses:
Sidney H. Levine, M.D., Orthopedic Surgery 8929 University Ctr. Ln., #100, San Diego, CA 92122 619-457-4040

Defendant's Medical Expert Witnesses: Edwin C. Amos, III, M.D., Neurology

Plaintiff's Technical Expert Witnesses:
Tamorah Hunt, PhD; Formuzis, Pickersgill & Hunt, Economics 2000 E. Fourth St., #200, Santa Ana, CA 92705 714-542-8853 Paul Broadus, M.A.; Vocational Rehab. 675 W. Foothill Blvd., #230, Claremont, CA 91711 909-621-6316

Defendant's Technical Expert Witnesses:
Gene Bruno, Vocational Rehabilitation George Brinton, Ph.D., Economics

Defendant Insurance: Home Insurance Company (Renzenberger)

Date, Time and Place of Incident (s): June 10, 1994, 5:00 PM, Los Angeles, CA

Facts and Background:
Plaintiff was being transported by co-defendant Renzenberger to a work site where he was going to perform his duties as a conductor on behalf of defendant Southern Pacific Trans. Co. Renzenberger was transporting plaintiff pursuant to a contract with Southern Pacific.The driver of the Renzenberger van, while in the process of transporting plaintiff and his co-worker, rear-ended another vehicle on the freeway in Los Angeles, CA

Plaintiff's Contentions, Allegations:
Plaintiff contended that defendant Renzenberger was negligent in the operation of the automobile and that they were the agent of Southern Pacific Trans. Co. in performing the transportation services at the time of this accident. Plaintiff contended that the subject accident caused him to suffer a herniated disk in his lumbar spine thereby necessitating surgery and damages at issue in the case

Injuries and/or Damages:
Plaintiff suffered an L5 S1 herniated disk. Surgery to correct that herniated disk was performed on March 18, 1996. As a result of the herniated disk and surgery, Plaintiff was permanently disabled from his duties as a railroad freight conductor

Defense:
Defense contended that the low speed accident did not cause the injuries plaintiff alleged and that surgery was not necessary and that plaintiff could return to work as a freight railroad conductor.Defense also contended that if plaintiff could not return to his former duties as a conductor, he could work for Southern Pacific as a yard master

Specials: PAST MEDICAL: $34,000, FUTURE MEDICAL: $10,000

Demand: ORIGINAL: $800,000 MSC $800,000, AT TRIAL: $652,500

Settlement Amounts:
$662,500

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

Attorney for defendant:
Robert Ridenour (for Southern Pacific Trans. Co.) Borton, Petrini, Conron 624 S. Grand Avenue, #1100 Los Angeles, CA 90017
Sydnee Singer (for Renzenberger, Inc.) Murchison & Cumming 801 S. Grand Avenue, 9th Floor Los Angeles, CA 90017


Individual Defendants:
Plaintiff was being transported by co-defendant Renzenberger to Southern Pacific Trans. Co. where he worked as a railway freight conductor. Renzenberger van rear-ended another vehicle in Los Angeles causing a herniated disc in Perez?s lumbar spine. Settled for $662,500.


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Thorsnes Bartolotta McGuire
2550 Fifth Ave., 11th Floor, San Diego, CA 92103, 619-236-9363