Facts

According to the plaintiff, plaintiffs Elias Pulido, at 26, and Robert Greene, at 25, were seriously and permanently injured on Oct. 26, 2004 while crossing the street at the intersection of Sunset Boulevard and Wetherly Drive in West Hollywood.

On Oct. 26, 2004, at around 11 p.m., the weather was rainy and both plaintiffs wore black clothing. They walked up to the north-south marked crosswalk at the intersection, where Greene pressed the pedestrian push button that was intended to activate in-pavement crosswalk lights. However, on that night, the crosswalk lights were not working. He proceeded to walk into the street, looked around a parked SUV, and saw that there was no approaching traffic.

Plaintiffs then proceeded to walk within the crosswalk. When they were in the middle of the street, a car driven by Laurel Dresser hit them. Dresser stated to the police that the plaintiffs appeared suddenly in front of her car and she did not have sufficient time to stop.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the city of West Hollywood maintained a dangerous condition with its negligently designed the road, signs, and property such that there was a great risk posed to pedestrians using reasonable care in a foreseeable fashion. The in-pavement system was not working properly and further, there was no proper signage to warn drivers of the presence of the crosswalk or of pedestrians.

The plaintiffs further asserted that defendant city had a reasonable amount of time to complete the appropriate repair work and that the installed system in its current condition was not sufficient. In addition, the plaintiffs asserted that 16 other accidents had occurred at the same intersection since 1993. Lastly, plaintiffs claimed that installation of the system would have reduced the accident rate by approximately 60 percent.

DEFENDANT'S CONTENTIONS:
Defendant asserted that the even without the in-pavement system, the intersection was compliant with Caltrans regulations. Defendant also claimed that the installed lights were merely experimental and thus, were not required.

Settlement Discussions

Pulido demanded $9,000,000 and Greene demanded $3,000,000. West Hollywood offered nothing before the start of trial.

Damages

Pulido claimed $1,993,560 in past medical damages; $5,920,549 to $7,748,720 in future medicals; $725,717 in past and future wage benefit/loss; $88,708 in loss of fringe benefits; and $22,499 in lost retirement contributions. Greene suffered $198,976 in past medical damages; $297,495 in future medicals; $92,11 to $156,828 in past and future wage/benefit loss; $3,811 to $15,860 in future vocational rehabilitation.

Injuries

Plaintiff Pulido claimed multiple left leg fractures, a collarbone fracture, subdural hematomas to the right side of the head, craniectomy, herniation syndrome, brain contusions, coma, physical therapy, occupational therapy, speech therapy, seizure, dysphasia, and deep venous thrombosis. Greene stated that he suffered loss of consciousness, laceration to the chin, scalp and forehead, deformity of the left tibia/fibula, interior dislocation and impaction of fracture of humeral head of left shoulder, comminuted fracture of right knee, abrasion to chin, forehead, left hip, and left leg, pulmonary embolus, early compartment syndrome, emergency fasciotomy and tibial rodding of left leg, open reduction and internal fixation surgery of right knee, significant bleeding resulting in anemia, hematoma, irrigation and debridement of hematoma, wound dehiscence and breakdown, physical therapy, and plastic surgery.

Result

Trial was bifurcated into liability and damages. There was a hung jury at 8-4 for a couple of days prior to the final verdict of 9-3, in favor of plaintiffs. West Hollywood was found liable at 23 percent and the plaintiffs were found 77 percent liable. The parties settled prior to the damages phase of trial. Pulido was given $3.1 million and Greene received $500,000.

Other Information

Carl Warren & Co. was the insurance carrier. FILING DATE: Aug. 25, 2005.