Facts

On Dec. 21, 2012, a tour bus carrying 50 people, heading to the Morongo Casino, was traveling in the HOV lane on the eastbound Pomona freeway. Traffic backed up suddenly in the number one lane and a car driven by defendant Deborah Sousamian had to slam on her brakes to try to stop and collided with the bus.

The lawsuit presented 28 people claiming injury. On the day of trial right before jury selection, 19 of them dismissed their cases for nothing and the trial proceeded forward with nine plaintiffs.

PLAINTIFF'S CONTENTIONS: Plaintiffs claimed defendant was liable for the injuries they incurred.

DEFENDANT'S CONTENTIONS: Defendant contended that her car swerved right and she steered back left, losing control and veering into the HOV lane where the bus approached. The bus was hit and the driver slammed on his brakes, causing the bus to stop very suddenly. Passengers on the bus were thrown forward, falling from their seats and striking the seats in front of them. Sousamian admitted negligence that caused the accident.

Defendant was not allowed to mention that 19 plaintiffs had been claiming similar injuries with the same doctors. The bus company and its driver were defendants originally, along with Sousamian. Later, plaintiffs dismissed the bus defendants for cost waivers and the trial proceeded forward against Sousamian only.

Defendants claimed that none of plaintiffs were really injured and all of the medical treatment was unnecessary and unreasonably given, at the behest of plaintiffs' then lawyers. They were all older Asian people who trusted their lawyers who sent them to Dr. Smith who they also trusted.

Settlement Discussions

Defendant offered $100,000 just before trial. Statutory offers of $250 to each plaintiff were made early in the litigation.

Specials in Evidence

Meds: $710,000

Damages

Plaintiffs claimed past and future pain and suffering. Dr. Smith's claimed medical bills exceeded $710,000. Plaintiffs, who had incurred over $220,000 of acupuncture bills, waived all of them.

Injuries

None of the passengers claimed injury immediately. Starting the next day, however, many of them began getting acupuncture treatment, 11 of them later went to orthopedic surgeon Chadwick Smith, who performed multiple percutaneous discectomies/stabilization surgeries, and he later did three knee operations as well. All but one denied any prior spinal complaints and the surgical procedures done on them were all reasonable and necessary. Plaintiffs claimed herniated discs at multiples in the neck and back, torn meniscus, torn ACL, and fractured teeth. Of the nine plaintiffs, seven underwent one or two spinal surgical procedures by Dr. Smith. Two had knee operations, two claimed dental injuries, and one had eight trigger point injections. One plaintiff had a stroke 11 days following the last neck surgery he had and he claimed the surgery/anesthesia caused the stroke. This claim was waived on the day of trial.

Result

Defense verdict.

Deliberation

three hours

Poll

10-2 and 9-3

Length

13 days