Isidoro Primera v. Los Angeles County Metropolitan Transportation Authority, Eduardo Uvals
Published: Jan. 21, 2004 | Result Date: Dec. 3, 2003 | Filing Date: Jan. 1, 1900 |Case number: 01K14721 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Kevin T. Dunbar
(Dunbar & Associates APLC)
Facts
On Nov. 25, 2000, the plaintiff Isidro Primera, age 54, was driving a 1971 Dodge Dart southbound on San Fernando Road. At the same time, an LACMTA bus driven by Edward Uvals was traveling southbound on San Fernando in lane No. 2. The bicycle rack on the front of the bus collided with the back bumper of the plaintiff's vehicle as that vehicle was rapidly decreasing its speed and was just starting to make a right turn into a driveway. The impact was not substantial, but it did cause the plaintiff's vehicle to miss the turn into the driveway and end up parallel to the bus in the bicycle path that was being constructed adjacent to the roadway. Immediately after the accident, according to the defendant, the plaintiff denied any injuries when asked by the bus operator and by police officers at the scene.
Settlement Discussions
The plaintiff demanded C.C.P. Section 998 for $8,749 at the commencement of the lawsuit. This was later reduced to $6,999.99 prior to trial. The defendant made no offers at any time during the pendency of the litigation. The defendant did settle its cross-complaint against the cross-defendant Isidoro Primera for damage to the bicycle rack on the front of the bus. That amount was $500 paid by the cross-defendant's automobile insurance carrier.
Specials in Evidence
$3,290 None Unknown
Damages
$2,400 (the total loss of the Dodge Dart).
Injuries
Soft tissue injuries to the cervical and lumbar spine with resulting headaches.
Other Information
At the hearing on the defendants' motions in limine, the court granted the defendants' motions to exclude the plaintiff's undesignated expert witnesses, the plaintiff's treating chiropractor, the medical reports and bills and any testimony from the plaintiff as to the valuation of his vehicle. The court denied the plaintiff's motions in limine to exclude the defendant's accident reconstruction/biomechanics expert witness. The court then granted defendant's motion for nonsuit.
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