Imelda Alido v. City and County of San Francisco
Published: Oct. 31, 1998 | Result Date: Aug. 7, 1998 | Filing Date: Jan. 1, 1900 |Case number: 975917 Verdict – $112,066
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Albert G. Stoll Jr.
(Albert G. Stoll Jr. ALC)
Defendant
Experts
Plaintiff
Kenneth I. Light
(medical)
Defendant
Earl V. Fogelberg
(medical)
Facts
On Jan. 30, 1995, plaintiff Imelda Alido, a 44-year-old unemployed woman, attempted to board a municipal bus. However, as she attempted to sit down, the bus pulled away. The plaintiff fell to the ground and sustained a compression fracture of her L1 vertebra. The plaintiff brought this action against the defendants based on negligence. The defendants admitted liability but disputed the nature and extent of plaintiff's claimed injury. The defense contended that this fracture would heal, pain free, within eight weeks. The plaintiff argued that there was a permanent deformity at L5 that would cause ongoing pain.
Settlement Discussions
Settlement discussions were not disclosed.
Specials in Evidence
$12,056.91
Injuries
The plaintiff claimed chronic low back pain from a crushed L5 vertebra. The plaintiff was taken to Kaiser San Francisco emergency room via ambulance. She was treated over the next eight months at Kaiser with physical therapy. Her prior attorney, Nicholas Carlin, eventually referred her to Dr. Kenneth Light a San Francisco surgeon. Light initially recommended surgery if plaintiff felt the pain level was so bad that she could not live with it. The plaintiff never elected to undergo surgery.
Result
WE NEED THE FULL NAME OF DR. __________ FOGELBURG
Other Information
ARBITRATION: An arbitration was held before Justin MacNeil, resulting in an award of $25,000 for plaintiff. The plaintiff requested a trial de novo. In July 1994, prior to the Jan. 30, 1995, injury, the medical records at Kaiser indicated that plaintiff asked her doctor to put her on permanent disability for back pain. The doctor denied this request as not being appropriate. Plaintiff's counsel made an Evidence Code º 352 and unreliable hearsay motion in limine to exclude this evidence which was denied. The city stipulated to liability before plaintiff's motion in limine to instruct the jury on res ipsa loquitor was heard by Pro Tem Michael Kelly. The bus driver at the time of the incident passed away prior to trial from an unrelated matter.
Deliberation
eight hours
Length
four days
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