The circumstances of the autistic student's death were horrific: Abandoned by the driver on a parked school bus, 19-year-old Hun Joon "Paul" Lee was found slumped lifeless in the aisle on one of the hottest days in September 2015 after being left unattended for more than seven hours.
The story behind the driver's acts leading to Lee's death, unearthed by Panish and colleagues as they represent Lee's grieving family, led the bus company to settle the case for $23.5 million this month. Lee v. Pupil Transportation Cooperative, BC603251 (L.A. Super. Ct., filed Dec. 7, 2015).
It was another eight-figure result for Panish and his firm. Panish has obtained more than 50 settlements in excess of $10 million in personal injury, auto accident, wrongful death and business litigation cases over 30-plus years in practice.
"We were able to find out the driver had dropped off other special needs people at the wrong address," Panish said. "And we learned the driver on that day ran off to continue his affair with another driver. We have salacious text messages, we deposed the girlfriend, and I went up to Delano [where driver Armando Abel Ramirez is imprisoned for felony dependent abuse] to depose him."
Added Panish: "The child experienced pain and suffering. It took awhile, but eventually, they settled."
As in several of Panish's cases, the Lee death catalyzed social reform. Senate Bill 1072, authored by Sen. Tony Mendoza (D-Artesia) and signed in September by Gov. Jerry Brown, requires all California school buses to be equipped with child-safety alarms at the back of the bus that can be deactivated only by the driver. It is known as "The Paul Lee School Bus Safety Law."
Earlier this year Panish and colleagues obtained a $32.5 million settlement prior to a trial over unsafe conditions on Loma Vista Drive in Beverly Hills that led to a trio of truck accidents over 63 days in 2014. Two Los Angeles Police Department officers died and two truck drivers were severely injured. That case too led to reform, this time in road safety improvements. Allen et al. v. City of Beverly Hills, BC553839 (L.A. Super. Ct., filed June 30, 2014).
Panish said he believes he is the only plaintiff attorney in California to have had review granted twice by the state Supreme Court over a four-month period in 2015-2016.
Oral argument is scheduled in Parrish v. Latham & Watkins LLP, S228277. The beef with Latham followed Panish's $39 million settlement for his clients in 2011 for intentional interference with prospective economic relations against defendant tech company FLIR Systems Inc. The interim adverse judgment rule, which provides a defense to a malicious prosecution claim, kept Panish from suing FLIR's counsel, Latham, for its role in the case. The second high court case, which has been briefed, is over a university's duty to protect its students. Regents of the University of California v. Rosen, S196248.
— John Roemer
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