Roseanna L. Stephenson v. San Diego Transit Corporation
Published: Mar. 4, 2003 | Result Date: Dec. 12, 2002 | Filing Date: Jan. 1, 1900 |Case number: GIC778085 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Norman A. Ryan
(Ryan, Carvalho & Retz LLP)
Experts
Plaintiff
Gregory S. Bishop
(medical)
Ernest Z. Klein
(technical)
John L. Williams
(technical)
Jean Jacques Abitbol
(medical)
Defendant
Dominick Addario
(medical)
Brian Garrett
(medical)
William E. Bowman Jr.
(medical)
Facts
The plaintiff is a 41-year-old female with a complex medical history, including extensive psychiatric problems since she was a child. The defendant, San Diego Transit Corporation, has been a California corporation since 1966. This case arose from personal injuries the plaintiff alleged she sustained on or about June 22, 2001, while she was a passenger on a bus operated by the defendant.
Settlement Discussions
The defendant submitted a statutory offer to compromise of $25,000, which was rejected. The plaintiff countered with an offer of $150,000.
Damages
The plaintiff sought medical damages, including future medical care and treatment, totaling $584,975. She initially sought loss of income damages in the amount of $6,250, but dropped this claim on the eve of trial. She was not employed at the time of the incident.
Injuries
The plaintiff claimed the following injuries: diffuse annular bulge at T10-11 developing into herniations; annual bulge at C4-5; herniated disc at C5-6 with associated stenosis of the right foramen; bruising across shoulders and on the left leg; loss of sensation in right ulnar verve; pain, numbness and tingling in both arms and legs; aggravation of bipolar illness; post-traumatic stress disorder; emotional distress; mental anguish; and associated mental and physical distress. The plaintiff sought treatment from Brian Garrett, D.C. and various hospitals, including UCSD Medical Center, Paradise Valley and Bayview. In addition, she underwent an elective cervical laminectomy at C4-5 and C5-6 four months after the incident. The surgery was performed by Dr. Jean-Jacques Abitbol.
Other Information
The plaintiff was in a psychiatric hospital at the time of trial and testified by videotape. The plaintiff has filed a motion for new trial.
Deliberation
half day
Poll
11-1
Length
five days
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