Jeffrey Sommer v. San Joaquin Valley Railroad Company. This was an action for personal injuries sustained by Plaintiff Jeffrey Sommer after a covered hopper railcar, which had been cut away from its train and set out on a mainline by the San Joaquin Valley Railroad Company, rolled down railroad tracks for over a mile and collided with a semi-tractor trailer being operated and occupied by Mr. Sommer at an intersection in Bakersfield, California.
Plaintiffs alleged our client, Progress Rail, negligently maintained, inspected and/or repaired the subject railcar while the railcar was in its possession approximately five months before the incident.
After asserting Plaintiffs could not meet their burden to prove that Progress Rail caused their injuries, summary judgment was granted in favor of Progress Rail on Plaintiffs' negligence claim.
Additionally, HB&B served Plaintiffs with a C.C.P. Section 998 Offer to Compromise for a dismissal of Progress Rail from the action in exchange for a waiver of costs. Plaintiffs refused the Section 998 Offer. Following the granting of Progress Rail's summary judgment motion, Plaintiffs have agreed to waive any appeal as to Progress Rail and reimburse Progress Rail $2,500 in costs.
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