California Verdicts

Plaintiff(s):

Jacob Keating (Male, 37 Years)

Plaintiff Attorney(s):

Kristoffer S. Mayfield;
Hildebrand, McLeod & Nelson;
Oakland,
CA,
for
Jacob Keating ■ Larry Lockshin;
Law Offices of Larry Lockshin;
Vallejo,
CA,
for
Jacob Keating

Plaintiff Expert(s):

Gary Nibbelink; Vocational Rehabilitation; Sacramento,
CA called by:
Kristoffer S. Mayfield ■ Greg Sazima; M.D.; Psychiatry; Roseville,
CA called by:
Kristoffer S. Mayfield ■ Mark Diaz; M.D.; Family Medicine; Sacramento,
CA called by:
Kristoffer S. Mayfield ■ Paul Kisilewicz; D.P.M.; Podiatry; Sacramento,
CA called by:
Kristoffer S. Mayfield ■ Barry Ben-Zion; Ph.D.; Economics; Santa Rosa,
CA called by:
Kristoffer S. Mayfield ■ James Reynolds; M.D.; Orthopedic Surgery; Daly City,
CA called by:
Kristoffer S. Mayfield ■ James Zucherman; M.D.; Spinal Surgery; San Francisco,
CA called by:
Kristoffer S. Mayfield ■ George Gavalla; Railroads; Norwich,
CT called by:
Kristoffer S. Mayfield ■ Shelley Peery; Ph.D.; Neuropsychology; San Francisco,
CA called by:
Kristoffer S. Mayfield ■ William Hughes; Commercial Security; Roanoke,
VA called by:
Kristoffer S. Mayfield

Defendant(s):

National Railroad Passenger Corp.

Defense Attorney(s):

B. Clyde Hutchinson;
Lombardi, Loper & Conant;
Oakland,
CA,
for
National Railroad Passenger Corp. ■ Vincent Castillo;
Lombardi, Loper & Conant;
Oakland,
CA,
for
National Railroad Passenger Corp. ■ Kara A. Abelson;
Lombardi, Loper & Conant;
Oakland,
CA,
for
National Railroad Passenger Corp.

On April 16, 2007, plaintiff Jacob Keating, 37, a locomotive engineer for Amtrak who worked along Amtrak’s "Capitol Corridor" route, was operating a passenger train eastward through West Sacramento, heading toward the "I" Street Bridge and the Sacramento Amtrak train depot. At approximately 10:15 p.m., Keating slowed the train for a red signal west of the "I" Street Bridge and noticed a trespasser standing on the tracks ahead of him. He subsequently brought the train to a stop and then exited the train with the conductor to clear the trespasser off the tracks so that they could safely move the train over the bridge and into the train depot. Once Keating exited the train and told the trespasser to leave the area, he and the conductor were suddenly attacked with rocks and bottles thrown by four or five members of the Broderick Boys, a notorious West Sacramento gang, who were standing south of the tracks. The gang then came up onto the tracks, and Keating and the conductor attempted to defend themselves. Keating struck one of the attackers to avoid being bludgeoned with a large rock wielded by one of the gang members. After fighting off several attackers, Keating then managed to get back into the train. However, once safely inside, he noticed that the conductor was still being attacked outside of the train. As a result, Keating left the train again to come to the aid of the conductor. Unfortunately, once Keating left the train the second time, the conductor managed to get back into the train and, in the ensuing chaos of the attack, closed the train door without realizing that Keating was still being attacked by the gang outside the train. Once alone outside the train, Keating was overwhelmed by the gang and severely beaten, including being punched, kicked and stomped throughout his body, and hit over the head several times with a fire extinguisher and large vodka bottle. After nearly killing Keating, the gang fled the area as the railroad crew realized that Keating was still outside of the train. Nearly unconscious and covered with blood, Keating dragged himself toward the train door. His crew then dragged him on board the train and moved the train over the "I" Street Bridge and into the Sacramento Amtrak train depot. Keating underwent 2.5 years of extensive treatment and ultimately returned to work as an engineer for Amtrak in late 2009 and early 2010. On March 11, 2010, Keating was involved in a second incident. As he was operating an Amtrak train westward through the area of the I Street Bridge and the Sacramento Amtrak train depot, in West Sacramento, someone shined a red laser light into the cab of his locomotive. The event caused Keating to allegedly suffer a post-traumatic stress disorder episode, causing him to fear for his life because he believed he was being targeted by a gun. Keating sued Amtrak’s operator, National Railroad Passenger Corp. Keating alleged that National Railroad was liable for his injuries under the Federal Employers Liability Act. Plaintiff’s counsel contended that, in regard to the 2007 incident, there was an extensive history of problems with Amtrak trains in West Sacramento, including trespassers on and near the tracks; homeless encampments; gang activity; debris intentionally left on the tracks; rocks, bottles and other items thrown at trains; and incidents involving BB and pellet guns. West Sacramento police officers also testified that the railroad tracks ran directly through known gang territory occupied by the Broderick Boys gang. Plaintiff’s counsel contended that the configuration of the signals for the "I" Street Bridge required trains to slow down and often stop, becoming an easy target in the area where the attack on Keating and the conductor occurred. Numerous National Railroad employees testified that these issues were repeatedly reported to Amtrak, but that Amtrak failed to fence in and light the area, establish a trespasser abatement program, coordinate with local police forces and Union Pacific police, establish an Amtrak police officer in Sacramento, or warn and train its employees, such as Keating, about the dangers in West Sacramento. In regard to the 2010 incident, plaintiff’s counsel contended that National Railroad had done nothing material to increase safety at the location where Keating was attacked and that National Railroad failed to hold Keating’s train in the Sacramento train depot until the area could be cleared, despite having actual knowledge that someone was pointing lasers into Amtrak trains that night. Defense counsel argued that Keating had "road rage" and initiated the fight with the gang on April 16, 2007. Counsel also argued that Keating was aware of the gang before the train came to a stop and that Keating should not have left the train to tell the trespasser to leave the area.

As a result of the initial attack, Keating sustained multiple severe injuries, including a severe concussion, post-concussion syndrome, a traumatic brain injury with neurocognitive deficits, injuries throughout his spine, a fractured finger, and a severely torn ligament in his ankle. He subsequently spent two nights in the hospital, and required a two-level cervical fusion and ongoing injections. Keating, now 42 years old, claimed that he ultimately required 2.5 years of extensive treatment, but that he continues to suffer severe post-traumatic stress disorder and depression as a result of the incident. However, he alleged that despite his emotional, cognitive, and physical trauma, he attempted to return to work as an engineer for Amtrak in late 2009 and early 2010, when the second incident occurred. Keating claimed that during the second incident, he suffered an extremely severe PTSD episode, causing him to fear for his life. Thus, he alleged that after the second event, he could no longer mentally and physically continue to work for Amtrak. The plaintiff’s treating psychiatrist and orthopedists testified that when Keating is able to return to work, he should pursue employment away from Amtrak. Plaintiff’s counsel presented extensive psychological and orthopedic testimony at trial, primarily through Keating’s treating physicians. In addition, the plaintiff’s expert neuropsychologist testified to the extent of Keating’s cognitive injuries. Defense counsel did not call any experts at trial.

The jury determined that National Railroad was 94 percent at fault for the incidents and that Keating was 6 percent comparatively at fault. It also determined that Keating’s damages totaled $5,950,709. After a reduction for comparative fault, Keating’s recovery was $5,593,666.46.

Jacob Keating: $250,000 Personal Injury: Future Medical Cost; $370,073 Personal Injury: Past Lost Earnings Capability; $2,000,000 Personal Injury: past non-economic loss; $1,000,000 Personal Injury: future non-economic loss; $2,000,000 Personal Injury: future lost earning capacity; $47,358 Personal Injury: past loss of household services; $283,278 Personal Injury: future loss of household services

Actual Award:

$5,593,666.46

Judge:

Geoffrey A. Goodman

Demand:

None reported

Offer:

$750,000 (C.C.P. § 998)

Trial Length:

5
 weeks

Trial Deliberations:

2
 days

Post Trial:

Plaintiff’s counsel intends to file a cost bill of approximately $30,000.

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.