Plaintiffs: Eunice Marrero, Judith Vazquez and Estate of Emmanuel Marrero

Defendants: Jason Polo, Mario Polo, Joseph Evancho, Michael Evancho, Oasis Management Systems, Inc.

Demand: $1.6 million

Offer: $100,000 (policy limits/Polo); None (Evancho)

In June 2010, Emmanuel Marrero (18) was a passenger in a 1992 Honda Civic driven by Jason Polo (18) and owned by his father, Mario Polo. Carlos Bonilla (18) was also a passenger in the car. While driving, they encountered Joseph Evancho who was driving a 2007 Mercedes Benz ML63 AMG owned by his father’s company, Oasis Management Systems, Inc. Polo and Evancho allegedly engaged each other and began racing on Hamilton Mill Parkway at speeds ranging from 65 to 85 mph. As Polo rounded a curve while traveling at an approximate speed of 65 mph, he reportedly swerved to avoid striking the Mercedes and crashed into a tree. Marrero and Bonilla were ejected from the vehicle. Marrero was pronounced dead at the scene. Polo and Bonilla were transported to Gwinnett Medical Center for treatment.

Polo was charged with one count of vehicular homicide, one count of serious injury by motor vehicle, one count of racing and one count of reckless driving. Following an investigation into the crash, the Gwinnett County District Attorney's Office determined that Polo lost control of his vehicle as a result of being cut off by the Mercedes. Evancho was then arrested and charged with the same offenses. Eunice Marrero, Emmanuel's mother, and Judith Vazquez, his sister, filed suit against Jason Polo and his father Mario Polo, Joseph Evancho and his father Michael Evancho, and Oasis Management Systems. The lawsuit alleged negligence and wrongful death.

Result: The jury found both defendant drivers negligent. They attributed 60 percent liability to Polo and 40 percent liability to Evancho. The jury determined that the plaintiffs' damages totaled $2,515,000 verdict, with $2.5 million to Eunice Marrero and $15,000 to Judith Vazquez as administrator of the estate of Emmanuel Marrero.

(Photo: Em7 / Shutterstock.com)

Couple was rear-ended while stopped on highway

Settlement: $35,000

Venue: Jefferson County, Texas

Plaintiffs: Fritz and Theresa Erbelding

Defendant: State Farm Mutual Automobile Insurance Co.

Fritz Erbelding (60s) was driving a sedan with his wife, Theresa (60s) on Highway 69 near the Texas 105 overpass in Beaumont. They were coming home from church and were stopped in traffic in the right lane, when a non-party in a sedan negligently rear-ended them at high speed. The impact was severe, sending the Erbeldings’ vehicle into multiple other vehicles and finally into the barrier on the left side of the highway. The plaintiffs reached a settlement with the tortfeasor's liability insurer. They filed an underinsured motorist claim with their own insurer, Automobile Insurance Co., but could not reach a settlement on that claim. The Erbeldings sued State Farm for underinsured motorist benefits. State Farm did not dispute the negligence of the tortfeasor.

Result: The case settled for $35,000.

(Photo: Shutterstock.com)

Engineer claimed railroad failed to ensure safety in gang area

Verdict Amount: $5,950,709

Venue: Sacramento County, California

Plaintiff: Jacob Keating

Defendant: National Railroad Passenger Corp.

Demand: None reported

Offer: $750,000 (C.C.P. § 998)

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.

Result: 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.

Source: VerdictSearch, a division of ALM Media LLC. Visit www.verdictsearch.com for more details.