Marat Platkov, Valentina Platkov v. City of Santa Monica, Armando Gaitan Mora, and Does 1 through 100
Published: Jun. 14, 2014 | Result Date: Mar. 24, 2014 | Filing Date: Jan. 1, 1900 |Case number: BC508714 Settlement – $800,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Yasha Bronshteyn
(Ginzburg & Bronshteyn APC)
Robert D. Jarchi
(Greene, Broillet & Wheeler, LLP)
Taylor Rayfield
(Greene, Broillet & Wheeler LLP)
Defendant
Dana A. Fox
(Lewis, Brisbois, Bisgaard & Smith LLP)
Lance S. Gams
(Office of the Santa Monica City Attorney)
Facts
Marat and Valentina Platkov sued the City of Santa Monica and Armando Mora after an accident involving a city bus.
Contentions
PLAINTIFF'S CONTENTIONS:
The Platkovs claimed that on Dec. 5, 2012, they were driving in Santa Monica and stopped at a crosswalk. While stopped, a city bus, driven by Mora, hit them from behind. The Platkovs sued the City of Santa Monica and Mora, arguing that Mora had been driving his bus negligently, and the city was responsible for his actions.
The Platkovs asserted that Mora had been driving dangerously by testing his bus' brakes on a public street. They also argued that he had been under the influence of Prozac at the time of the accident.
DEFENDANT'S CONTENTIONS:
Defendants argued that Mora's actions were reasonable and that he had not been under the influence of any prescription medications at the time of the accident. Defendants contended that plaintiffs' injuries were all related to preexisting, degenerative conditions.
Damages
Plaintiffs claimed $75,000 in combined past medical costs, over $1,000,000 in future medical treatment and care giving expenses, and further sought damages for their pain and suffering.
Injuries
Valentina was taken by ambulance to the emergency room from the scene of the accident. She claimed an aggravation of a pre-existing spinal fracture at T12 and treated with physical therapy. She also claimed ongoing back pain, restricting her mobility and daily activities, and cognitive impairment. Marat claimed a sprained right ankle and treated with physical therapy. He also claimed ongoing leg pain, restricting his mobility and daily activities, and cognitive impairment.
Result
The parties settled for $800,000.
Other Information
The court allowed plaintiffs to amend their complaint to include a claim for punitive damages. FILING DATE: May 10, 2013.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390