Trial Magazine

Doe, a 47-year-old carman for Roe Railroad, was installing blue signal protection at a derail site when a train was sent down the tracks. A train car struck Doe from behind, killing him. Doe had been earning about $45,000 annually, plus overtime, and is survived by his adult daughter.

Doe’s daughter sued the railroad, alleging that it failed to properly align a switch for the moving train’s intended route of travel. Suit also claimed that the defendant’s fatigued and overworked engineer had failed to watch the back end of his train when it started moving and recognize that the railroad cars were traveling down the wrong track.

The defense denied the allegations.

The parties settled for $3.85 million.

Citation: Doe v. Roe R.R., Confidential Dkt. No. (Cal. Super. Ct. San Bernardino Cnty. Feb. 3, 2017).

Plaintiff counsel: AAJ members Jeffrey A. Milman, Irvine, Calif.; and David J. Lopez, San Diego.