Luz Godizano, Robert Godizano v. City and County of San Francisco, San Francisco Municipal Transportation Agency, and Does 1 to 30, inclusive
Published: Feb. 23, 2018 | Result Date: Nov. 27, 2017 | Filing Date: May 13, 2016 |Case number: CGC-16-551983 Settlement – $2,100,000
Mediator
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Jeffrey R. Windsor
(Windsor Professional Law Corporation)
Defendant
Holly D. Coulehan
(Office of the San Francisco City Attorney)
for City and County of San Francisco, San Francisco Municipal Transportation Agency
Sabrina M. Berdux
(Office of the San Francisco City Attorney)
for City and County of San Francisco, San Francisco Municipal Transportation Agency
Karen E. Kirby
(Office of the San Francisco City Attorney)
for City and County of San Francisco, San Francisco Municipal Transportation Agency
Thomas J. Feeney
(Carbone, Smoke, Smith, Bent & Leonard)
for Daniel Antonio Monge Oliva, Iris Ivette Monge
Experts
Plaintiff
Deborah L. Doherty M.D.
(neurology)
Mark Eastham M.D.
(neurosurgery)
Dawn A. Osterweil Ph.D.
(neuropsychology)
Karen M. Preston R.N.
(life care planning)
Rajeev Kelkar Ph.D.
(biomechanics)
V. Paul Herbert C.P.S.A.
(motor coach safety)
Robert B. Post Ph.D.
(human factors)
Defendant
Peter C. Cassini M.D.
(neurology)
Joanna Berg Ph.D.
(neuropsychology)
Daniel Desautels
(accident reconstruction)
Reginald L. Gibbs M.S.
(life care planning)
Steven M. Day
(life expectancy)
Margo Rich Ogus Ph.D.
(economics)
Mark Strassberg M.D.
(neurology)
Facts
On Nov. 13, 2015, plaintiff Luz Godizano was a standing passenger on the 14R SFMTA bus, traveling northeast on Mission Ave. when the bus suddenly stopped. Godizano, who was standing, fell forward and hit her head.
Contentions
PLAINTIFF'S CONTENTIONS: As the bus approached the intersection at Geneva Ave., the traffic light changed from green to yellow. A vehicle driven by defendant Daniel Monge turned left, southeast, through the intersection. The operator of the bus, Julio Zamudio, failed to brake and slow the bus as it approached the intersection. When Monge turned left through the intersection, Zamudio slammed on the brakes of the bus. The sudden deceleration caused Godizano to fall and hit her head on the metal console at the front of the bus. The Godizanos sued the City and County of San Francisco, the San Francisco Municipal Transportation Agency, and later Monge and Iris Ivette Monge. Godizano alleged that Zamudio, and thereby CCSF as a common carrier, was negligent in the operation of the bus and the remaining defendants were liable for Godizano's injuries. Plaintiff asserted that Zamudio was negligent and violated MUNI's policy that an operator must slow down when approaching an intersection, especially after the light turned yellow, insisted on the right-of-way, and did not ensure that he could clear the intersection before entering it. Monge was comparatively negligent for turning into the bus's path.
The plaintiff argued that the defendants were negligent and proximately caused injuries to her. Further, Godizano's spouse claimed loss of consortium.
DEFENDANTS' CONTENTIONS: The defense asserted over 30 affirmative defenses, including comparative negligence and failure to mitigate damages. The defendants denied the allegations.
Injuries
Godizano suffered a traumatic brain injury, including subdural hemorrhages, subdural hematomas, post-traumatic hydrocephalus, and cervical stenosis.
Result
The City and County of San Francisco paid $2 million on behalf of itself and the Monge defendants paid $100,000.
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