Fay Hauptman v. OCTD
Published: Nov. 12, 1994 | Result Date: Sep. 1, 1994 | Filing Date: Jan. 1, 1900 |Case number: 701822 – $50,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Augustine C. Zemba
(technical)
Defendant
Stephen J. Walsh
(technical)
Facts
On February 29, 1992, Plaintiff Fay Hauptman, a 79-year-old homemaker, was exiting an OCTD bus when she fell while attempting to walk up a sloped, asphalt embankment. There was no sidewalk at the bus stop.
Settlement Discussions
Plaintiff contends that they demanded $50,000 and Defendant offered $12,000.
Specials in Evidence
$5,805
Injuries
Fracture of the thoracic spine; strain/sprain of the cervical, thoracic, and lumbar spine -- all requiring physical therapy and use of a cane as well as MRIs of the spine.
Other Information
This case was bifurcated, tried on liability only. Prior to trial the parties agreed to parameters of $7,500 (low) and $50,000 (high). The Plaintiff would recover according to the percentage of liability found on the part of Defendant. If Defendant had been found to have zero liability, Plaintiff was guaranteed $7,500.
Deliberation
1.5 hours
Poll
10-2
Length
4 days
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