Confidential
Settlement – $32,500,000Court
L.A. Superior
Attorneys
Plaintiff
Adam K. Shea
(Panish Shea Boyle Ravipudi LLP)
Bruce A. Broillet
(Greene, Broillet & Wheeler LLP)
Defendant
John A. Delis
(Long & Delis)
Facts
On Nov. 5, 1998, the plaintiffs Jane Doe and John Doe, 16-year-old twins at the time of the collision, were
passengers in a 1976 van owned and operated by a high school friend. While returning home from high school
on the afternoon of Nov. 5, 1998, there was a collision between the van and a bus loaded with elementary age
children at an intersection controlled by traffic signals. The plaintiff John Doe was seated in the front passenger
seat. The plaintiff Jane Doe was seated in the rear bench seat next to the sister of the driver. All the occupants
of the van were wearing the seat belts provided in the van. The front seat driver and passenger were wearing
three point lap-shoulder belts and the girls seated in the rear bench seat were wearing two point lap belts.
The van was traveling straight and intended to drive through the intersection. A school bus owned and
operated by the defendant was headed in the opposite direction and was intending to turn left at the
intersection.
The plaintiffs contended that as they approached the intersection, the light was in the green phase and the
school bus was stopped. The bus then began to accelerate to make its left turn, but the driver of the van was
unable to stop the vehicle prior to the collision.
The defendant and its driver contended that the traffic light turned from yellow to red before the van entered the
intersection, and therefore the bus began to make its left turn. Eyewitness accounts varied on the color of the
traffic signal prior to the collision.
Three high school students testified the traffic signal was possibly green or yellow, but definitely not red, when
the collision occurred. The plaintiff Jane Doe sustained severe internal injuries which resulted in the removal of
all but 20 inches of her intestines. She underwent at least seven major reconstructive surgeries in an attempt to
put her internal organs back into continuity. She also had a fracture at the L1 level which required a fusion.
The plaintiff John Doe sustained lacerations and psychological sequelae.
Settlement Discussions
The parties settled for $32.5 million for a package which included up front cash and structured annuities.
Specials in Evidence
$2,530,799 None $1 millino to $2.5 million depending on various assumptions. $10,079,414 to $18 million depending on the level of skilled nursing care provided.
Injuries
Jane Doe sustained "short bowel syndrome" which consists of the removal of all but 20 inches of her intestines and a discontinuity of the majority of her intestinal tract. For approximately the first year following the collision, she was unable to consume and digest any foods or liquids. She received nearly all of her nutrients from TPN, which is a nutrient infused liquid which is pumped intravenously into a catheter leading into her heart. She is required to hook up to the IV pump for between 10-12 hours every night. Approximately, 18 months post collision, the doctors permitted her to begin consuming small amounts of food and liquid but acknowledged this was more for the psychological benefit than any nutritional benefit. The cost of the TPN solution is $220,000 per annum. Medical personnel testified that with the proper level of care, the plaintiff will have a normal life expectancy, but that she will be dependent on the TPN solution for the remainder of her life. The plaintiffÆs medical experts testified that she may require one to two liver/bowel transplants in her lifetime and is at a heightened risk for infections and malnutrition and, as a result, requires close monitoring for high fevers and risks associated with the nightly intravenous feedings. The plaintiffs contended that the plaintiff Jane Doe required that the skilled nursing care.
Other Information
<M>A mediation was held before William Burby.</M>
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