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A Los Angeles jury awarded $58,358,431 to a Palmdale train yard worker who slipped and fell on top of a train while performing electrical repairs at the defendant Kinkisharyo’s International, LLC Palmdale train manufacturing yard.

The action (Case No. MC027686) arises from a February 2, 2016 incident whereby Plaintiff Pablo Scipione, now 46, was performing electrical work on the premises of a business owned, managed and/or operated by Defendant Kinkisharyo International, LLC, and identified as the Train Factory. Plaintiff alleges slipping off the wet roof of a train, and fell, thereby causing injuries. Plaintiff filed a complaint on January 25, 2018 for negligence. On March 20, 2018, Plaintiff filed a first amended complaint for negligence.

According to the lawsuit, the Plaintiff was working as an independent contractor for Altech Services when he was called into work at 2:00 AM and told by his supervisor that the repairs had to be completed by 5:00 AM. After taking only a few steps, he slipped and suffered a micro-fracture in his left foot.

Following the incident, the Plaintiff went back to work the next day and worked full-time for nearly a year and a half. Two months after his fall, he visited a foot doctor for the first time and received surgery. After his foot surgery, the Plaintiff was diagnosed with Complex Regional Pain Syndrome, that he claimed was a debilitating disease that forced him out of work.

According to the lawsuit, Kinkisharyo was responsible for ensuring every employee’s safety. However, the defendant required a far too demanding pace of work, showing indifference to the workers’ safety and proper safety protocols.

According to the allegations of the complaint, the defendant’s negligent attitude toward worker safety and unreasonable timeline to complete the repairs caused the Plaintiff’s injuries.

“An injury this severe was bound to happen,” said PARRIS Law Firm partner Khail A. Parris. “Employees frequently complained to supervisors that the station was poorly lit, and yet nothing was done to ensure a safe working environment,” Parris added.

Throughout the three-phase trial, Kinkisharyo disputed liability at every turn. During the first phase, the defense argued that the Plaintiff was its employee and that he could only seek recovery for his injuries through the workers’ compensation system. The jury unanimously rejected that defense.

During the second phase, the defense disputed how the fall happened, disputed that the Plaintiff fractured his foot, disputed the CRPS diagnoses, and disputed the nature and extent of every category of the Plaintiff’s damages. The jury found in favor of the Plaintiff and awarded compensatory damages of $54,158,431.00.

The third phase focused on punitive damages, where the jury was to determine an award large enough that would punish Kinkisharyo and deter it from future unsafe practices. As a result, the jury awarded the Plaintiff $4,200,000 in punitive damages.

According to the Parris lawfirm  the Plaintiff made multiple offers to settle. In March 2020, Plaintiff offered to settle for $8,000,000. In July 2020, Plaintiff made another statutory offer for $5,000,000. In March 2022, Plaintiff made a final offer to settle for $3,000,000. The defendant rejected them all. As a result, pre-judgment interest alone will add well over $20,000,000 to the judgment amount.