Eva Johnson v. City and County of San Francisco, et al.
Published: Dec. 16, 1995 | Result Date: Nov. 1, 1995 | Filing Date: Jan. 1, 1900 |Case number: 957491 – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Bornia Dramov
(medical)
Defendant
James Y. Soong
(medical)
Facts
On the morning of January 1, 1993, the plaintiff, Eva Johnson, a 44-year-old assembly worker, left San Francisco General Hospital after receiving a dose of a drug called Bupenorphine, which is know to cause sedation and dizziness. The plaintiff then boarded a MUNI bus to return home. It was raining and the aisles of the bus were wet. No one was on the bus except the plaintiff and the bus driver. The plaintiff alleged that the bus accelerated before she was able to reach her seat causing her to slip and fall. The plaintiff was not holding on to anything as she walked down the aisle of the bus and the bus did not jerk forward. The plaintiff did not tell the bus driver that she fell until after she got off the bus, walked home, rested, walked back to the bus stop, and waited for the bus to return. At trial, the plaintiff alleged that the bus jerked; the bus driver knew she had fallen; and the bus driver assisted her back to her seat. There were no witnesses to the accident. The city admitted that the plaintiff fell on the bus, but denied liability for her fall.
Settlement Discussions
The plaintiff demanded $36,000 and the defendant offered $4,500 at the claim stage. The defendant offered $5,000 one month before trial, and a $3,500 (C.C.P. º 998 offer) 10 days before trial. All offers were withdrawn on the day the matter was assigned to trial.
Specials in Evidence
$11,899 $1,300.
Injuries
Aggravation of pre-existing soft tissue injuries to plaintiff's neck, back and shoulders requiring physical therapy, missed work and hospitalized (traction) in March and April, 1993.
Other Information
The plaintiff's medical records showed that she had been hospitalized for traction by her doctor for work related injuries to her back, neck and shoulder from December 6-9, 1992, less than a month before the MUNI accident. The plaintiff was off work for the same medical problems for all but four months between August, 1991, and January, 1993. A report from the plaintiff's doctor indicated that the traction was related to an occupational injury she had suffered the day before.
Deliberation
1.5 hours
Poll
10-2
Length
8 days
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