Louis Camacho; Man Yin Wong; Elizabeth Camacho v. City and County of San Francisco; Jewel Ann Bazile
Published: Feb. 14, 1998 | Result Date: Dec. 23, 1997 | Filing Date: Jan. 1, 1900 |Case number: 980559 Verdict – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Grant Gauger
(medical)
Defendant
Richard N. Stuart
(technical)
Lawrence M. Elson
(technical)
Facts
On May 6, 1996, at approximately 5 p.m., plaintiff Elizabeth Camacho, a 2+-year-old girl, was traveling on a municipal railway coach with her grandparents and her 2+-year-old cousin. Defendant Jewel Ann Bazile, a municipal transit operator, drove the coach into a designated bus zone at Geneva and Santos. Plaintiff's grandparents, who were the only witnesses, testified that after they got off the bus and before the bus pulled away, plaintiff was momentarily out of their sight. When they next saw plaintiff, she was on her stomach, facing the ground, with her head extended approximately 2 inches from the sidewalk curb. The grandmother testified that she then saw the rear tire of the coach strike plaintiff's head. Neither grandparent, however, claimed to have seen what caused plaintiff's fall. The grandparents transported plaintiff to 30th and Mission Streets where they were assisted by a police officer and paramedics. Plaintiff was treated for a depressed skull fracture at San Francisco General Hospital. Plaintiff also alleged that as a result of her skull fracture, she suffered a brain injury that interfered with her ability to talk. Bazile testified that she recalled that some individuals who had exited her bus at Geneva and Santos fit the general description of plaintiff and her grandparents. The operator testified, however, that the individuals were clear of the bus when she left the zone. Further, she had no idea that anyone was alleging that an accident occurred until several hours later when she was informed through central control that plaintiff was claiming she had been hit by the operator's bus. The plaintiffs brought this action against the defendants based on a negligence theory of recovery. Liability was tried separately from damages.
Settlement Discussions
The plaintiffs made a settlement demand for $5 million. The defendant made no offer.
Damages
The plaintiff had $50,000 in medical specials and claimed $1.8 million in wage loss but the plaintiff did not reach the damages portion of the trial.
Injuries
The plaintiff claimed a depressed skull fracture. Plaintiff also claimed that as a result of the accident, she would need special education and therapy until she was an adult and that she would never be able to obtain any employment.
Other Information
The verdict was reached approximately one year and six months after the case was filed. EXPERT TESTIMONY: Dr. Grant Gauger, plaintiff's treating neurosurgeon, and Lawrence Elson, a forensic anatomist, both testified that plaintiff's skull fracture was caused by contact with a hard surface, such as concrete, a baton or baseball bat. Both doctors testified that plaintiff's skull fracture could not have been caused by any contact with a municipal bus tire or wheel. Elson also testified that skull fractures such as the one sustained by plaintiff would have produced significant bleeding. The police officer who inspected the scene where the accident allegedly occurred testified that he did not find any blood. Dr. Richard Stuart, an accident reconstructionist, testified that given the manner in which the bus drvier testified she was driving the bus, neither the bus wheel nor the bus tire could have possibly come in contact with plaintiff's head as the bus left the bus zone. One of plaintiff's treating physicians testified that two months after the accident, plaintiff's parents told the physician plaintiff injured her head as a result of a fall to the sidewalk. Plaintiff did not offer testimony from any expert witness who confirmed any portion of plaintiff's grandparents' version of the accident. POST-TRIAL MOTIONS: Plaintiff will move for a new trial on the grounds of judicial error. According to plaintiffs, the bus driver had a history of improper bus operation.
Deliberation
50 minutes
Poll
12-0
Length
five days
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