Christina Montiel, Juan Covarrubias v. Barbara Ames, Los Angeles County Metropolitan Transporation Authority, et al.
Published: Feb. 10, 2004 | Result Date: Jul. 16, 2003 | Filing Date: Jan. 1, 1900 |Case number: LC061148 Verdict – $22,017
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Robert S. Fink
(Law Office of Robert S. Fink)
Defendant
Jack L. Sheppard
(Liebman, Quigley & Sheppard)
Experts
Plaintiff
Hormoz Zahiri
(medical)
Defendant
Clive M. Segil M.D.
(medical)
Timothy J. Reust
(technical)
Allan Keith Miller
(technical)
Martin D. Levine
(medical)
Facts
Juan Covarrubias, 26, and Christina Montiel, 45, were passengers on a Los Angeles County Metropolitan Transit Authority bus that was being driven by Ted Holt. As the bus was traveling westbound on Roscoe Boulevard, Barbara Ames was driving her 1996 Mercury Sable station wagon westbound alongside the bus. Both vehicles neared the intersection together, and a collision occurred. Covarrubias and Montiel sued the LACMTA and Ames, alleging vehicular negligence. Ames and LACMTA filed a cross-complaint against each other.
Settlement Discussions
Before trial, Covarrubias settled his claim for a total of $5,500 with both defendants. Montiel demanded $50,000 to both defendants, reduced to $25,000 before trial. LACMTA offered $10,000; waiver of costs in return for a dismissal from Ames.
Specials in Evidence
$7,017 (Montiel) $35,000 to $45,000 for surgery (Montiel)
Damages
On its cross-complaints, LACMTA claimed $498 in damages to the bus bicycle rack and Ames claimed $3,580 in damages to her vehicle.
Injuries
Montiel suffered neck, back, left shoulder and left knee pain. She was diagnosed with neck and back strains/sprains. She suffered a 3-4 mm disc herniation at C5-6, for which surgery was advised.
Result
$22,017 awarded to Christina Montiel. Barbara Ames received a defense verdict.
Deliberation
1.5 days
Poll
10-2 (liability), 11-1 (damages)
Length
eight days
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