Debra Lowe, et al. v. Veterans Charter Transportation, Arnaldo Noriega, et al.
Published: Jul. 22, 1995 | Result Date: Jun. 16, 1995 | Filing Date: Jan. 1, 1900 |Case number: TC006120 – $412,545
Judge
Court
L.A. Superior Compton
Attorneys
Plaintiff
R. Browne Greene
(Greene, Broillet & Wheeler, LLP)
Defendant
Experts
Plaintiff
Lawrence Miller M.D.
(medical)
Herbert S. Gross
(medical)
Robert L. Hanley Jr.
(medical)
Richard Brownell
(technical)
Defendant
Thomas Bates
(technical)
Alan J. Goldman
(medical)
Facts
The date of the subject incident was January 12, 1993. Plaintiff was a 37-year-old mentally retarded (45 IQ) African American woman with Downs syndrome; she was a passenger in a van transporting adults from a special school to their homes. According to Plaintiff, the van driver stopped the van in the middle of a residential block, allegedly to make a drug deal, an altercation ensued and a brick was thrown through the side window of the van, striking Plaintiff on the left side of the head and causing glass to shatter and spray in on Plaintiff, as the driver of the van attempted to speed away from the scene, the Plaintiff was propelled toward the rear of the vehicle, the van driver then ran a stop sign which resulted in a collision between the van and a drunk driver, allegedly a gang member; this collision was a broadside collision which propelled Plaintiff into the "step-well" of the van, and fight broke out, Plaintiff began to have several seizures and was transported from the scene to a hospital. According to Defendants van driver and van company, the following events took place: The van driver, Arnoldo Noriega, stopped mid block on his way to deliver Plaintiff to her home, which was less than a block away; he stopped because of gang activity that was occurring in the street in front of him; Officer Brennan, a gang officer for the City of Compton, testified that he had been through that intersection within five minutes before the accident and there was a group of Acacia Crips forming on Reeve Street in the vicinity of where the van stopped; one block north, there was a gang of C.V. - 70's, a Hispanic gang forming, and they were preparing for a gang fight; Mr. Noriega stopped at the stop sign, started into the intersection when the gang leader directed him forward; and the collision was between the van and another vehicle being driven by a gang member who was arrested by Officer Brennan at the scene.
Settlement Discussions
Plaintiff contends she made a 998 demand of $1,000,000 policy limits and Defendants made no offers until the damages phase of the trial, when they offered $10,000.
Specials in Evidence
$2,700 $1,500,000
Injuries
Head trauma, lacerations, and resultant seizures requiring emergent care and observation. Plaintiff claimed that she had continuing seizures on a daily basis and needed lifetime care.
Other Information
This case was filed on July 19, 1993; one year and eleven months prior to this result.
Deliberation
3 days liability, 2.5 weeks damages
Poll
9-3 liability, 12-0 damages
Length
2 weeks liability, 2.5 weeks damages
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