Michael Scott v. City of Los Angeles
Published: Jul. 8, 2003 | Result Date: Jun. 12, 2003 | Filing Date: Jan. 1, 1900 |Case number: SC059244 Verdict – $0
Judge
Court
L.A. Superior
Attorneys
Plaintiff
Thomas V. Girardi
(Girardi & Keese)
Defendant
Experts
Plaintiff
Mark S. Sanders Ph.D.
(technical)
Joseph Vicelja
(technical)
John Forester
(technical)
Defendant
Gerald P. Bretting
(technical)
Facts
The plaintiff, in his mid 50s, was practicing for his upcoming AIDS bicycle ride from San Francisco to Los Angeles. He had been practicing for a nine-month period up to the date of the subject incident. In 1979, Pacific Bell dug a trench on Coldwater Canyon, south of Mulholland Drive, in Los Angeles to install cable. Twenty years later, the saw cut from the trench had grown from half inch to 2 3/8 inches due to the slope it was adjoining. The plaintiff claimed that his front tire got caught in this "gap" causing him to fall.
Settlement Discussions
The plaintiff demanded $1.5 million; the defendant offered by way of C.C.P. Section 998 for $700,000.
Specials in Evidence
$700,000 The plaintiff alleged lifetime loss of earnings of between $70,000 to $80,000
Injuries
Compression fracture of the left leg, requiring five surgeries, serious back injuries. Permanent disability to work as an interior designer.
Other Information
This case was a re-trial of a trial that took place in 2001 and resulted in a hung jury. Both trials were bifurcated, so there was no evidence about the nature and the extent of the plaintiff's injuries. The plaintiff will bring a motion for judgment notwithstanding the verdict or new trial.
Deliberation
two hours
Poll
12-0
Length
2.5 weeks
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