This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Negligence
Bus Passenger Injury

Man Yang Lou, Lai Shun Li, Jin Geng Zhao, Pubaba Song, Jian Guo Fang, Yeuling Zhu v. Ming du International Trade Inc. dba Champ America Travel & Tour

Published: Jun. 25, 2011 | Result Date: Mar. 18, 2011 | Filing Date: Jan. 1, 1900 |

Case number: GC038848 Arbitration –  $15,000

Court

L.A. Superior Pasadena


Attorneys

Plaintiff

Shin P. Yang

Frank S. Carleo


Defendant

Sean T. Cahill
(Cahill & Associates)

Todd C. Samuels
(Cahill & Associates)


Facts

Jin Zhao boarded a bus in a San Gabriel shopping center on Jan. 27, 2006, headed for a casino in Rancho Mirage. When the bus exited the parking lot onto eastbound Valley Boulevard, it collided with a vehicle entering the shopping center.

Contentions

CLAIMANT'S CONTENTIONS:
Zhao filed suit against the bus's owner, Ming du International Trade Inc., alleging motor vehicle negligence and vicarious liability. Zhao contended that the collision caused him to fall from his seat and onto the floor. Zhao alleged that Ming was liable because the bus driver failed to pay attention while driving, braking excessively.

RESPONDENT'S CONTENTIONS:
Champ America contended that the impact between the bus and the other vehicle was not significant enough to have caused injuries.

Settlement Discussions

Plaintiff demanded $5,000,000. Defendant's CCP 998 offer to compromise was $50,000.

Damages

Zhao sought medical specials of $786,946, future medical expenses of $258,100, damages for future life care costs of $2,142,000, as well as $2,207,400 in damages for emotional distress.

Injuries

Zhao claimed he suffered soft-tissue cervical and lumbar injuries, undergoing acupuncture and surgery.

Result

The arbitrator awarded Zhao $15,000 in damages.

Other Information

Plaintiff Jin Zhao's Petition to Vacate the Arbitration Award is pending. The petition was based on the grounds that (1) the arbitration stipulation was not signed or ratified by the party defendant, and (2) the plaintiff was not given a fair hearing.


#114690

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390