Thang Bach v. Metropolitan Transit Authority
Published: Oct. 25, 1997 | Result Date: Sep. 5, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC086417 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Harvey M. Horikawa
(Hansen Seto LLP)
Defendant
Experts
Plaintiff
Roy D. Jablonsky
(technical)
Defendant
Phillip V. Hight
(technical)
Facts
On April 10, 1993, the decedent, who was then 24 years old, was driving his vehicle when he collided with a Metropolitan Transit Authority (MTA) bus at San Vicente and 3rd Street. He died within four hours of the accident. The plaintiffs, the decedent's surviving mother and father contended that the decedent was eastbound and that the bus operator traveling northbound was "timing his light" and traveling at excessive speed. The defendant contended that the bus operator was within prima facie speed limit, had a green light and that decedent was southbound and turned left in front of the bus, causing a heavy impact. The plaintiffs, brought this action against the defendant based on negligence.
Settlement Discussions
According to defendant, the plaintiffs did not make any settlement demands but the defendant served C.C.P. º998 offers of compromise of $40,000 for each plaintiff. Defendant also reports it would have paid up to $100,000.00 to each plaintiff during trial. The plaintiffs report that no C.C.P. º 998 offer was made by defendant.
Injuries
Death of a son.
Other Information
The verdict was reached approximately four years and one month after the case was filed. This was a re-trial. The case was first tried in July 1995 before Judge John Leahy with attorney Dan Whalen representing defendant. That trial resulted in a defense verdict (9-3 on the issue of causation). A new trial was granted based on juror misconduct. According to defendant, prior to the second trial, plaintiffs' expert changed his opinions of the bus operator's speed (computer assisted reconstructions) at the start of the bus skids and just before impact by increasing both speeds by 40 percent. Defendant claimed the expert knew of the new opinion before signing his deposition transcript before the first trial, but did not make any changes to the transcript to indicate his new theories. Defendant also reported that according to jurors, plaintiffs' expert was seriously impeached during the second trial. The plaintiffs report that the present jury concluded decedent turned left in front of defendant's bus thereby causing his injuries and death.
Deliberation
four hours
Poll
11-1
Length
13 days
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