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
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.
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