Facts

Plaintiff John B. Cassady, 67, was riding his bicycle inside the bike lane on Venice Boulevard. A transient walking in the same direction, pushing an overloaded grocery store cart, was blocking the bike lane impeding plaintiff. Plaintiff attempted to bypass the transient and briefly moved into the number three lane and was at that moment side-swiped by a Los Angeles County Metropolitan Transportation Authority bus.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the bus driver violated a number of important safety rules the most significant being that the driver was operating the bus at a speed which was excessive for traffic conditions and further that the driver failed to look forward for 10-15 seconds to anticipate safety conditions ahead of the bus. Plaintiff also argued in closing that the bus driver was in an elevated position with a huge windshield and had the best clear chance of observing plaintiff and the transient, thus avoiding the collision. The bus operator also acknowledged that she was two to three cars away from plaintiff when she first saw him. She claimed she sounded her horn, but the video tape had no audio and plaintiff argued was no convincing explanation for the missing sound track.

DEFENDANT'S CONTENTIONS: With regard to liability, LACMTA contended that it was plaintiff who collided with the bus and was negligent per se as he rode his bike out of the bike line at the moment of impact. LACMTA also contended that plaintiff failed to keep a careful lookout before moving into the number three lane. LACMTA produced the outside camera video which captured the event, showing plaintiff was momentarily outside the bike lane. LACMTA contended that the fault for the incident was the empty chair transient and plaintiff and that there was little, if any, liability on the part of the bus driver.

Insurer

Self-insured

Settlement Discussions

Private mediation and a court ordered MSC. Plaintiff made a CCP 998 demand on Aug. 30, 2018 for the sum of $250,000 and another CCP 998 for $299,999.99 on Nov. 13, 2019. Both were rejected by LACMTA.

Specials in Evidence

Future Meds: $358,800

Injuries

Plaintiff suffered transverse processes fractures at L1, L2 and L3 and compression fracture of L4. With regard to plaintiff's medical condition, LACMTA contended that his spinal issues were not related to the incident but instead related to the subsequent traumas. Plaintiff was also riddled with per-existing spinal degeneration and had a previous issues such as sciatic pain, radiculopathy, and psoriatic arthritis.

Result

The jury rendered a verdict in favor of plaintiff for $2,239,350, which comprised of $358,800 in future economic damages, $730,800 in past non-economic damages, and $1,149,750 in future non-economic damages.

Deliberation

two hours

Poll

12-0 on liability

Length

one week