SETTLEMENT: | $1,015,00.00 |
CASE/NO: | Confidential. |
ATTORNEYS:
| Plaintiff- Michael H. Whitehill
|
PLAINTIFF'S EXPERTS: |
Robert W. Cromlin, P.E. - Palm Desert, CA
|
DEFENDANT'S EXPERTS: |
Gary Wolf- Tennesee |
FACTS: : In Watsonville, California, at approximately 11:30 a.m. on August 20, 1995, 40 year old Jesus Ambriz Vazques, a migrant farm worker, was a passenger in a vehicle being driven by defendant, Jesus Gomez Zamora, also a migrant farm worker. Mr. Zamora and Mr. Vazquez had been drinking alcohol that morning. Two hours after their accident, Mr. Zamora was found to have a BAC level of .06 and Mr. Vazquez of .08.
Mr. Zamora and Mr. Vazquez were driving on Elkhorn Road adjacent to a railroad track. They slowed to approximately ten miles an hour to make a right turn onto a dirt road which passed over railroad tracks. While crossing the tracks in broad daylight they were hit by a Southern Pacific Train traveling approximately 30 to 35 miles an hour.
Plaintiff Vazquez was not wearing his seatbelt and was ejected from the vehicle. Plaintiff sustained severe brain injury in the accident and has been comatose since the day of the accident. Zamora, who was buckled, survived with minor cuts and bruises. Plaintiff was an illegal alien who had been deported from the United States based on prior felony convictions.
CONTENTIONS: Plaintiff contended that the stop sign at the private crossing was slightly faded and therefore violated Public Utility Code Section 7537 which provides that the operators of the railroad shall construct and at all times maintain private crossings in good, safe and passable condition. Southern Pacific's own internal rules also provide that a stop sign shall be maintained in clearly visible status. Plaintiff also contended that the train operator was required to blow his bell and whistle a quarter mile before the crossing under Public Utility Code Section 7604(1) and did not do so until five or six seconds before the collision.
Defendant contended that the stop sign as well as the 40 car train were visible and audible to anyone other than a person in an intoxicated condition. Moreover, defendant contended that based on where the train operator blew the whistle there was sufficient time for anyone in a non-intoxicated situation to stop the vehicle before the crossing. Finally, defendant contended that plaintiff's severe injuries were sustained as a result from being thrown from the vehicle and had he simply worn a seatbelt he would not have suffered his brain injuries.
INJURIES: Plaintiff suffered severe brain damage and is in a coma.
SPECIALS AND EVIDENCE: Past Medicals: $1,000,000.00. Nos loss of earning based on illegal alien status. The experts disagreed as to plaintiff's life expectancy ranging anywhere form six months to five years with an approximate annual medical cost of $500,000.00.
SETTLEMENT DISCUSSIONS: Plaintiff initially demanded $ 2,500,000.00. Defendant Souther Pacific Transportation originally offered $250,000.00. Defendant Jesus Gomez Zamora offered his insurance policy limits of $15,000.00 within a week of first being notified of the claim.