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Personal Injury (Vehicular)
Bus Incident
Trip and Fall

Fay Hauptman v. OCTD

Published: Nov. 12, 1994 | Result Date: Sep. 1, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 701822 –  $50,000

Judge

Robert J. Polis

Court

Orange Superior


Attorneys

Plaintiff

Norma L. Hinojosa


Defendant

Joseph W. Forbath


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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