Barbara and Harry Henderson v. City and County of San Francisco
Published: Jun. 17, 2000 | Result Date: May 23, 2000 | Filing Date: Jan. 1, 1900 |Case number: 999261 Verdict – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Robert E. Cartwright Jr.
(Cartwright Law Firm)
Defendant
Jonathan U. Lee
(Office of the U.S. Attorney)
Experts
Plaintiff
Benjamin H. Rubin
(medical)
Michael Gurk
(medical)
Ronald P. Portnoff
(medical)
Defendant
Curtis Turchin
(medical)
William Newmeyer
(medical)
Gordon C. Lundy
(medical)
Facts
On Feb. 19, 1998, City and County of San Francisco employees Guillermo Rivas and Charles Wheeler operated the No. 10, Hyde-line cable car in-bound towards downtown. As the cable car left the intersection of Hyde and Vallejo southbound at about 5 mph., on a slightly downhill grade, the defendant stated that a car pulled out in front of the cable car. The defendant stated that Rivas threw the emergency brake to avoid colliding with the car. The plaintiffs, Barbara and Harry Henderson, were passengers on the No. 10 cable car. Barbara Henderson, age 70, claimed that she injured her left thigh, which collided with a pole when the braking occurred. Harry Henderson, age 73, claimed that he injured his right wrist and his lower back.
Settlement Discussions
After arbitration, the plaintiffs demanded $150,000. The city offered $10,000. On the first day of trial, the city offered $20,000, and plaintiffs demanded $50,000.
Specials in Evidence
$18,288 (Harry); $11,442 (Barbara)
Injuries
Harry Henderson claimed injuries to his lower back (lumbar spine) and to his right wrist. Barbara Henderson claimed injuries to her right knee and left thigh.
Other Information
<A>At arbitration, the arbitrator ruled against the city and awarded $37,000 to plaintiffs. The plaintiffs filed a request for a trial de novo. On the first day of trial, plaintiffs dismissed their wage loss claim to focus on their medical injuries and their pain and suffering.</A>
Deliberation
three hours
Poll
12-0 (Rivas and Wheeler were not negligent)
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