Metrolink worker sued Burlington Northern Santa Fe, saying his alcoholism returned after the fatal 2002 Placentia collision.
A metrolink conductor who said his drinking problems resumed after the Placentia train crash in 2002 will receive $8.5 million to settle his lawsuit against one of the nations largest railroads.
Patrick Phillips of Riverside agreed Tuesday to settle his suit against Burlington Northern Santa Fe Railway Co. The case was set to go to trial next week in Orange County Superior Court.
Phillips, now 52, suffered minor head injuries the morning of April 23, 2002 when a Burlington Northern Freight train crashed into a Metrolink commuter train in Placentia. Three people died and more than 260 were injured in the early morning crash.
Though his injuries were slight, the conductor alleged that the trauma was serious enough to trigger a resurgence of his severe alcoholism, which he said he had controlled since rehabilitation in the early 1990's.
"I have never seen a case like this in 30 years, yet it is indeed what happened here," said Jerome L. Ringler, Phillips' attorney.
"We had extensive medical evaluations by a variety of neurological specialists. All were in accord that his injury, although minor, changed his behavior."
After the train crash, Phillips was hospitalized for evaluation but released about two hours later, Ringler said. In the months after the crash, however, Phillips allegedly resumed his alcohol abuse, resulting in at least two other hospitalizations.
Ringler said his client was finally diagnosed with alcohol-related dementia, a sever mental deficiency.
Phillips, who is now disabled after working 12 years for Metrolink, was unavailable for comment. He is living with a sister in Riverside.
Under terms of the settlement, Phillips will receive $8.5 million, including interest, paid out over 20 years. The amount is worth about $4.5 million in today's dollars.
Officials for Burlington Northern Santa Fe, one of the nations four largest railroads, confirmed the settlement but declined to discuss the case.
Phillips' lawsuit is one of more than 100 Civil cases stemming from the Placentia crash, which federal investigators said was caused by an inattentive Burlington Norther crew that missed a warning signal.
The lawsuits allege the collision could have been prevented by an automatic braking system, long sought by the federal National Transportation Safety Board.
They also contend that the freight train crew was fatigued by overwork and that the Burlington Northern conductor had a history of losing track of signals.
In December, an Orange County jury awarded Pamela Macek, 53, also of Riverside, about $9 million in damages for psychological and physical injuries suffered in the crash. Her case was the first to go to trial.
Friday, September 19, 2008
Thursday, September 18, 2008
Jerry Ringler - Experienced Train Accident Attorney sends Special Message to Chatsworth Victims
Special Message for Victims of Chatsworth Metrolink Disaster
On September 12, 2008, an unprecedented tragedy occurred in Chatsworth, California when Metrolink Train #111 struck a Union Pacific freight train which was traveling on the same tracks. Our hearts go out to the victims. But this tragedy should not have happened. It happened because of human error on the part of Metrolink employees. Unfortunately, as the lawyers of RKA know well, human error by railroad engineers is not at all unique as a cause of commuter rail disasters.
Jerome L. Ringler has greater experience in representing victims of commuter rail and freight train disasters than any other lawyer in the State of California, if not the country. He has served as lead counsel in every one of the largest commuter rail disasters which have occurred in Southern California in the past 10 years.
In the Placentia Commuter Rail Disaster of 2003, Mr. Ringler was appointed by the Court as lead counsel for all of the Plaintiffs. He was requested by all of the lawyers representing individuals injured or killed in that incident to try the first case. That case resulted in the largest verdict for Post Traumatic Stress Disorder ever rendered by a jury in the United States. That verdict, which was for $9 million, is detailed below in the multimedia section.
In the Burbank Commuter Rail Disaster, which also occurred in 2003, Mr. Ringler was again appointed by the Court to serve as lead counsel. In that capacity he was given the responsibility to try the entire liability (i.e., fault) case for all of the victims. In other words, every one of the dozens of lawyers who represented individual victims in that disaster trusted Mr. Ringler to try the liability phase for them, knowing that their clients would only recover if Mr. Ringler was successful. He was. In fact, Mr. Ringler not only obtained a favorable verdict for all of the plaintiffs, he obtained a $12 million verdict for his own client as well. This verdict was the largest in the State of California for a person with the type of injuries Mr. Ringler's client had suffered. This verdict is detailed below in the multimedia section.
Mr. Ringler is currently lead counsel for all plaintiffs in the Glendale Metrolink Derailment Disaster of 2005. This incident was, before September 12, 2008, the largest Metrolink disaster in history. Interestingly, in that case (which involves 11 deaths and dozens of serious injuries), Mr. Ringler has, against all odds, developed testimony proving that, even though a mentally-ill person placed a jeep across the tracks that the Metrolink train was traveling upon, human error on the part of the Metrolink engineer prevented him from stopping the train before hitting the jeep, which caused the train to derail. In other words, while the jeep certainly never should have been on the tracks, the Metrolink engineer would have been able to stop the train before ever striking the jeep had he only been paying proper attention. That case is scheduled to go to trial on June 8, 2009, with Mr. Ringler as lead counsel.
The verdicts detailed on this page all relate to railroad litigation. However, Mr. Ringler has achieved enormous, record-breaking monetary awards across California in a variety of complex areas. Those accomplishments are detailed elsewhere in this website. To see them, click here.
If you or a loved one has suffered injury or death as a result of the horrific Chatsworth Metrolink Disaster, we are available to discuss your rights with you confidentially and at no charge.
Please feel free to contact us at your convenience. Ask for Mr. Ringler,or any of his partners, at (213) 473-1900.
www.rkallp.com
On September 12, 2008, an unprecedented tragedy occurred in Chatsworth, California when Metrolink Train #111 struck a Union Pacific freight train which was traveling on the same tracks. Our hearts go out to the victims. But this tragedy should not have happened. It happened because of human error on the part of Metrolink employees. Unfortunately, as the lawyers of RKA know well, human error by railroad engineers is not at all unique as a cause of commuter rail disasters.
Jerome L. Ringler has greater experience in representing victims of commuter rail and freight train disasters than any other lawyer in the State of California, if not the country. He has served as lead counsel in every one of the largest commuter rail disasters which have occurred in Southern California in the past 10 years.
In the Placentia Commuter Rail Disaster of 2003, Mr. Ringler was appointed by the Court as lead counsel for all of the Plaintiffs. He was requested by all of the lawyers representing individuals injured or killed in that incident to try the first case. That case resulted in the largest verdict for Post Traumatic Stress Disorder ever rendered by a jury in the United States. That verdict, which was for $9 million, is detailed below in the multimedia section.
In the Burbank Commuter Rail Disaster, which also occurred in 2003, Mr. Ringler was again appointed by the Court to serve as lead counsel. In that capacity he was given the responsibility to try the entire liability (i.e., fault) case for all of the victims. In other words, every one of the dozens of lawyers who represented individual victims in that disaster trusted Mr. Ringler to try the liability phase for them, knowing that their clients would only recover if Mr. Ringler was successful. He was. In fact, Mr. Ringler not only obtained a favorable verdict for all of the plaintiffs, he obtained a $12 million verdict for his own client as well. This verdict was the largest in the State of California for a person with the type of injuries Mr. Ringler's client had suffered. This verdict is detailed below in the multimedia section.
Mr. Ringler is currently lead counsel for all plaintiffs in the Glendale Metrolink Derailment Disaster of 2005. This incident was, before September 12, 2008, the largest Metrolink disaster in history. Interestingly, in that case (which involves 11 deaths and dozens of serious injuries), Mr. Ringler has, against all odds, developed testimony proving that, even though a mentally-ill person placed a jeep across the tracks that the Metrolink train was traveling upon, human error on the part of the Metrolink engineer prevented him from stopping the train before hitting the jeep, which caused the train to derail. In other words, while the jeep certainly never should have been on the tracks, the Metrolink engineer would have been able to stop the train before ever striking the jeep had he only been paying proper attention. That case is scheduled to go to trial on June 8, 2009, with Mr. Ringler as lead counsel.
The verdicts detailed on this page all relate to railroad litigation. However, Mr. Ringler has achieved enormous, record-breaking monetary awards across California in a variety of complex areas. Those accomplishments are detailed elsewhere in this website. To see them, click here.
If you or a loved one has suffered injury or death as a result of the horrific Chatsworth Metrolink Disaster, we are available to discuss your rights with you confidentially and at no charge.
Please feel free to contact us at your convenience. Ask for Mr. Ringler,or any of his partners, at (213) 473-1900.
www.rkallp.com
Tuesday, September 16, 2008
Friday, June 13, 2008
Roth Law Firm Named Featured Law Firm
The Roth Law Group has been named a Breaking Legal News Featured Law Firm for its outstanding achievements in Business law and contract law in the Chicago area. Below is a little bit about the firm.
About Roth Law:
Business owners know that it takes hard work and dedication to make it in today's competitive marketplace. And choosing a law firm that understands the needs of small business is essential if you want to get a leg-up on the competition. You expect that your law firm will provide you with practical solutions and attentive individualized service. At the Chicago-based business law firm of the Roth Law Group, that's what you get.
At the Roth Law Group, we understand the concerns of small business owners like you and we have experience working in industries ranging from construction to chemical manufacturing. Our lawyers know that you need to remain focused on business and legal issues often detract from this goal. When the Roth Law Group represents you, we concentrate our efforts on resolving matters efficiently and economically and seek to reach the best business outcome in the least amount of time whenever practical. From contract negotiations to commercial litigation, we offer a full-range of business legal services specifically tailored to meet your needs.
If your small business is in the market for business legal services in Cook County or throughout Illinois, contact the Chicago-based Roth Law Group for a Free Initial Consultation. We offer practical solutions to your small business legal challenges at affordable rates.
A Few Representative Matters
-Obtained six-figure settlement on behalf of an Italian-based Manufacturer of wood veneer products in a breach of contract action against U.S. based distributor.
-Obtained judgment in favor of a Commercial Landscaping Contractor involving breach of contract.
-Negotiated nuisance value settlement on behalf of a Multi-Media Company sued for violation of Non-Compete Agreement, thus avoiding business interruption and an injunction.
-Successfully prosecuted foreclosure and other actions on behalf of a Colorado-based Mortgage Company.
www.rothlawgroup.com
About Roth Law:
Business owners know that it takes hard work and dedication to make it in today's competitive marketplace. And choosing a law firm that understands the needs of small business is essential if you want to get a leg-up on the competition. You expect that your law firm will provide you with practical solutions and attentive individualized service. At the Chicago-based business law firm of the Roth Law Group, that's what you get.
At the Roth Law Group, we understand the concerns of small business owners like you and we have experience working in industries ranging from construction to chemical manufacturing. Our lawyers know that you need to remain focused on business and legal issues often detract from this goal. When the Roth Law Group represents you, we concentrate our efforts on resolving matters efficiently and economically and seek to reach the best business outcome in the least amount of time whenever practical. From contract negotiations to commercial litigation, we offer a full-range of business legal services specifically tailored to meet your needs.
If your small business is in the market for business legal services in Cook County or throughout Illinois, contact the Chicago-based Roth Law Group for a Free Initial Consultation. We offer practical solutions to your small business legal challenges at affordable rates.
A Few Representative Matters
-Obtained six-figure settlement on behalf of an Italian-based Manufacturer of wood veneer products in a breach of contract action against U.S. based distributor.
-Obtained judgment in favor of a Commercial Landscaping Contractor involving breach of contract.
-Negotiated nuisance value settlement on behalf of a Multi-Media Company sued for violation of Non-Compete Agreement, thus avoiding business interruption and an injunction.
-Successfully prosecuted foreclosure and other actions on behalf of a Colorado-based Mortgage Company.
www.rothlawgroup.com
Thursday, April 10, 2008
Professional License Defense Attorney Michael Khouri Featured in the Mercury News
Stanford Doctor Free to Practice
Abuse, Embezzlement charges dropped; status of old job in unclear
By Elise Banducci – Mercury News
Stanford physician Cheryl Walker, cleared of charges she abused her elderly grandmother and embezzled from her estate, is once again free to practice medicine in California.
However, officials at Stanford Medical Center, which put the world-renowned reproductive science expert on unpaid leave after charges surfaced, did not return calls for comment on whether she would also be reinstated in her job.
The Medical Board of California suspended Walker’s license in May 2002, several months after she and her mother, Janice Walker, were indicted in what prosecutors said was a scheme to loot the estate of family matriarch Mary Lee Koleber, 95, and hasten her death with a “lethal cocktail” of drugs.
Prosecutors dropped charges against Cheryl Walker and cut a deal with her mother last month after a key witness against the pair admitted forging documents, shattering his credibility.
The medical board had 30 days after the charges were dropped –which was Thursday – to file papers to keep the suspension in place, said David Carr, deputy attorney general representing the medical board. Though the suspension expired, the board has up to three years after the arrest to investigate and take further action.
Friday, Walker paid the renewal fee for her medical license, which expired during the suspension, her attorney Mike Khouri said. Khouri said he did not know the status of his client’s discussions with Stanford.
“I would hope that since the criminal charges have been dismissed, and since her license has been reinstated, that Stanford would do the right thing and reinstate her to her position,” he said. Khouri also said Walker was weighing various academic and clinical opportunities elsewhere.
In her statement last week to the judge, before hoer mother was sentenced, Cheryl Walker said that her career had suffered irreparable harm and that she would have to move to start over.
Her mother, a 74-year-old retired nurse, pleaded no contest earlier this month to elder abuse and embezzlement and received a two-year sentence. She is expected to be releases on parole after no more than eight months in a minimum security prison. Walker, 45, has two young children.
Khourilaw.com
Abuse, Embezzlement charges dropped; status of old job in unclear
By Elise Banducci – Mercury News
Stanford physician Cheryl Walker, cleared of charges she abused her elderly grandmother and embezzled from her estate, is once again free to practice medicine in California.
However, officials at Stanford Medical Center, which put the world-renowned reproductive science expert on unpaid leave after charges surfaced, did not return calls for comment on whether she would also be reinstated in her job.
The Medical Board of California suspended Walker’s license in May 2002, several months after she and her mother, Janice Walker, were indicted in what prosecutors said was a scheme to loot the estate of family matriarch Mary Lee Koleber, 95, and hasten her death with a “lethal cocktail” of drugs.
Prosecutors dropped charges against Cheryl Walker and cut a deal with her mother last month after a key witness against the pair admitted forging documents, shattering his credibility.
The medical board had 30 days after the charges were dropped –which was Thursday – to file papers to keep the suspension in place, said David Carr, deputy attorney general representing the medical board. Though the suspension expired, the board has up to three years after the arrest to investigate and take further action.
Friday, Walker paid the renewal fee for her medical license, which expired during the suspension, her attorney Mike Khouri said. Khouri said he did not know the status of his client’s discussions with Stanford.
“I would hope that since the criminal charges have been dismissed, and since her license has been reinstated, that Stanford would do the right thing and reinstate her to her position,” he said. Khouri also said Walker was weighing various academic and clinical opportunities elsewhere.
In her statement last week to the judge, before hoer mother was sentenced, Cheryl Walker said that her career had suffered irreparable harm and that she would have to move to start over.
Her mother, a 74-year-old retired nurse, pleaded no contest earlier this month to elder abuse and embezzlement and received a two-year sentence. She is expected to be releases on parole after no more than eight months in a minimum security prison. Walker, 45, has two young children.
Khourilaw.com
Mary Lee Wegner - Employment Counsel
Mary Lee Wegner is an employment lawyer with more than 21 years of experience litigating employment cases and advising employers and employees about their respective workplace obligations.
Her current practice focuses heavily on employment counseling, investigation of harassment, discrimination, retaliation and other allegations, and pre-litigation resolution of employment claims. She also drafts and negotiates employment and separation agreements and provides training to individuals and groups regarding harassment and discrimination prevention, anger management and techniques for improved management and communication skills.
Ms. Wegner spent several years as a commercial and employment litigator with Gibson, Dunn & Crutcher in Los Angeles and then moved in-house to provide counsel to ABC, Inc. and Occidental Petroleum Corporation. More recently, she was a partner at Alschuler Grossman Stein & Kahan from 1998 to 2006, until she decided to form her own practice in 2007 focusing primarily on employment counseling, training and investigations.
While at ABC and Occidental Petroleum, Ms. Wegner supervised litigation, managed outside counsel, responded to EEOC and DFEH complaints, conducted internal harassment, discrimination and other EEO investigations, worked closely with human resources professionals to develop, draft and revise employment policies and provided a substantial amount of employment counseling and advice. In private practice, Ms. Wegner has tried cases and argued appeals, handled DFEH and EEOC claims, investigated and advised employers about harassment, discrimination and retaliation claims, drafted handbooks for, and provided employment counseling to, companies of all sizes, negotiated and drafted employment agreements and severance packages, negotiated with state and federal EEO and other agencies and handled a number of mediations and arbitrations involving both employment and complex commercial issues.
Ms. Wegner lectures frequently in the area of employment law and has conducted a number of training sessions for clients regarding sexual harassment and discrimination prevention, diversity issues, anger management, ways to improve management skills and communication and other employment topics. She is also the co-author of a chapter on trial preparation and procedure for the Rutter Group publication entitled, “California Practice Guide: Employment Litigation."
Employment Counsel & Attorney
Her current practice focuses heavily on employment counseling, investigation of harassment, discrimination, retaliation and other allegations, and pre-litigation resolution of employment claims. She also drafts and negotiates employment and separation agreements and provides training to individuals and groups regarding harassment and discrimination prevention, anger management and techniques for improved management and communication skills.
Ms. Wegner spent several years as a commercial and employment litigator with Gibson, Dunn & Crutcher in Los Angeles and then moved in-house to provide counsel to ABC, Inc. and Occidental Petroleum Corporation. More recently, she was a partner at Alschuler Grossman Stein & Kahan from 1998 to 2006, until she decided to form her own practice in 2007 focusing primarily on employment counseling, training and investigations.
While at ABC and Occidental Petroleum, Ms. Wegner supervised litigation, managed outside counsel, responded to EEOC and DFEH complaints, conducted internal harassment, discrimination and other EEO investigations, worked closely with human resources professionals to develop, draft and revise employment policies and provided a substantial amount of employment counseling and advice. In private practice, Ms. Wegner has tried cases and argued appeals, handled DFEH and EEOC claims, investigated and advised employers about harassment, discrimination and retaliation claims, drafted handbooks for, and provided employment counseling to, companies of all sizes, negotiated and drafted employment agreements and severance packages, negotiated with state and federal EEO and other agencies and handled a number of mediations and arbitrations involving both employment and complex commercial issues.
Ms. Wegner lectures frequently in the area of employment law and has conducted a number of training sessions for clients regarding sexual harassment and discrimination prevention, diversity issues, anger management, ways to improve management skills and communication and other employment topics. She is also the co-author of a chapter on trial preparation and procedure for the Rutter Group publication entitled, “California Practice Guide: Employment Litigation."
Employment Counsel & Attorney
The Khouri Law Firm - Professional License Defense Attorney
Michael Khouri has been practicing law in Orange County for over 26 years.
He is considered an expert in professional licensing defense and the defense of Medi-Care/Medi-Cal audits, and has tried in excess of 100 cases. An expert in representing health care providers, Michael has proven his abilities with a number of cases and has spoken at multiple events. He is recognized throughout California and the Country for his integrity and firm resolve to help his clients get the best possible resolution to their licensing or criminal matters.
Mr. Khouri started his career as a Deputy District Attorney in Orange County.
He routinely practiced before the trial and appellate courts when he was a prosecutor and focused his practice on the legality of police conduct in major narcotics investigations. In this regard, Mr. Khouri argued the case of People v. Bravo (1987) 43 Cal.3d 600 before the California Supreme Court and represented the state wide association of prosecutors. The Bravo case established a new standard for the search of repeat narcotic offenders.
Once in private practice, Mr. Khouri began to develop a specialty representing health care providers (ie doctors, dentists, podiatrists, chiropractors, pharmacists, psychologists etc) in criminal cases such as medical billing fraud, narcotics cases and sexual assault on patients, including rape. He has handled these cases across the country and has lectured nationally in front of state wide medical associations. Mr. Khouri is a member of the indigent defense panel in the U.S. District Court-Central District of California and in that capacity acts as a privately contracted federal public defender. He recently was lead counsel on the Mexican Mafia organized crime case and has represented other major defendants in large drug conspiracy cases, alien smuggling cases, bank robberies and more. Mr. Khouri is AV rated by Martindalle-Hubbell.
Professional License Defense Attorney
He is considered an expert in professional licensing defense and the defense of Medi-Care/Medi-Cal audits, and has tried in excess of 100 cases. An expert in representing health care providers, Michael has proven his abilities with a number of cases and has spoken at multiple events. He is recognized throughout California and the Country for his integrity and firm resolve to help his clients get the best possible resolution to their licensing or criminal matters.
Mr. Khouri started his career as a Deputy District Attorney in Orange County.
He routinely practiced before the trial and appellate courts when he was a prosecutor and focused his practice on the legality of police conduct in major narcotics investigations. In this regard, Mr. Khouri argued the case of People v. Bravo (1987) 43 Cal.3d 600 before the California Supreme Court and represented the state wide association of prosecutors. The Bravo case established a new standard for the search of repeat narcotic offenders.
Once in private practice, Mr. Khouri began to develop a specialty representing health care providers (ie doctors, dentists, podiatrists, chiropractors, pharmacists, psychologists etc) in criminal cases such as medical billing fraud, narcotics cases and sexual assault on patients, including rape. He has handled these cases across the country and has lectured nationally in front of state wide medical associations. Mr. Khouri is a member of the indigent defense panel in the U.S. District Court-Central District of California and in that capacity acts as a privately contracted federal public defender. He recently was lead counsel on the Mexican Mafia organized crime case and has represented other major defendants in large drug conspiracy cases, alien smuggling cases, bank robberies and more. Mr. Khouri is AV rated by Martindalle-Hubbell.
Professional License Defense Attorney
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