Facts

On July 20, 2006, in Huntington Park, the Los Angeles Unified School District (LAUSD) bus was traveling eastbound on Gage Avenue in the number one lane. On the other side of the street (the westbound number one lane) was a car driven by Bonilla. Jerry Lee Smith's vehicle struck Bonilla's vehicle, then another vehicle. The impact caused Bonilla to cross the centerline and strike the bus at the front left side of the bus, causing the bus driver to lose steering control of the bus.

Thereafter, the eastbound bus swerved to the left, crossing the centerline and entering the westbound lanes of traffic. The bus struck a large SUV traveling westbound. The bus suffered damage in the collision with the SUV.

The bus continued across the westbound lanes of traffic onto the sidewalk where it struck and crushed plaintiff's 15-year-old son against a wall, killing him. The bus driver told police that he had lost control after striking the SUV.

Decedent's parents, plaintiffs Lauro and Sandra Camberos, alleged wrongful death against defendants Raymond Lewis and LAUSD.

Plaintiffs also sued Jerry Lee Smith, a driver who began the chain reaction collision when he rear-ended another vehicle after suffering a diabetic blackout. That impact pushed the vehicle, which Smith rear-ended across the center divider of the road, directly into the path of the LAUSD bus.

Four of the drivers involved in the collision sued each other and the cases were consolidated.

In May 2010, Judge Thomas McKnew, conducted a mandatory settlement conference and resolved all cases, but those of plaintiffs against LAUSD and its driver and defendant Smith.

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that defendant Smith, the driver who initiated the collision sequence, and the bus driver were responsible for the death of their son.

As to the bus driver, plaintiffs claimed that he retained control of the bus after it was struck on its left side. Plaintiffs contended that the driver swerved to his right partially into the adjacent lane of traffic which was clear of any traffic, but then over-steered abruptly to the left into the opposite lanes of traffic where he struck the SUV and lost control of the bus.

Plaintiffs also contended that the LAUSD was negligent in its training and retention of defendant bus driver Raymond Lewis. Seven years prior, Lewis had been fired by LAUSD, but was subsequently re-hired. Plaintiffs argued that it was improper to re-hire him without having re-trained him. Plaintiffs attempted to introduce evidence of the reasons for the prior termination, but defendants successfully excluded such evidence in motions in limine.

Plaintiffs claimed that Smith's striking of Bonilla's vehicle and Bonilla's subsequent striking of Lewis' bus would not have resulted in the death if Lewis had not over-reacted to the collision. Plaintiffs further contended that the loss of steering of the bus did not occur until the subsequent collision with the SUV.

DEFENDANTS' CONTENTIONS:
Defendant Smith claimed that he was not responsible because the initial collision that triggered the entire sequence resulted from him having lost consciousness due to a diabetic condition.

Defendants LAUSD and Lewis claimed that the initial impact to the bus was at its left front wheel and that this collision caused catastrophic structural damage to the bus. As a result, these defendants claimed that Lewis had no control of the bus after the initial impact. They attributed all fault to Smith.

Settlement Discussions

Plaintiffs made no settlement demand as to LAUSD and Lewis. Defendants offered $30,000. Plaintiffs received $15,000 each from two other defendants and Smith offered his $15,000 policy for a total of $45,000 prior to trial.

Damages

In closing, plaintiffs' counsel sought approximately $3.5 million in general damages.

Result

At the close of plaintiffs' opening statement, defendants LAUSD and Raymond Lewis moved for non-suit, which was granted by the court in the middle of plaintiff's case as to LAUSD and its employee bus driver Lewis, after defendants' attorney Jeffery Carlon's cross-examination of plaintiffs' bus expert, Augustine Zemba. The jury awarded plaintiffs $500,000 for the loss of their son. The jury found that defendant Smith, the driver who initiated the collision sequence, was fully at fault.

Other Information

A mediation was held on August 2009, which did not resolve the matter. FILING DATE: Jan. 16, 2007.