Angelete Augbon v. City of Los Angeles Department of Airports
Published: Oct. 25, 1997 | Result Date: Sep. 26, 1997 | Filing Date: Jan. 1, 1900 |Case number: YC017360 – $0
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael Kirchanski
(technical)
Jacob E. Tauber M.D.
(medical)
Defendant
Phillip J. Kanter
(medical)
Facts
On Nov. 1, 1993, plaintiff Angelete Augbon, a 35-year-old flight attendant, was on a plane arriving at Los Angeles International Airport. The flight was deplaning at a remote landing pad on the airfield where passengers and crew were to be taken to the terminal on a "peoplemover" bus. All passengers boarded the peoplemover and the flight crew disembarked the plane and boarded the bus. An airline ground agent advised the bus operator that all of the flight crew members had deplaned and were on board the peoplemover. However, the plaintiff was still on the plane. The bus operator then walked around the outside of the bus, entered the driver's compartment, and pushed the buttons to close the doors. Meanwhile, the plaintiff had approached the bus and was attempting to board when the doors closed on her. When the doors rebounded, the plaintiff fell backwards on to the tarmac. The plaintiff brought this action against the defendant City of Los Angeles Department of Airports based on premises liability and negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand of $250,000. The defendant made an offer of $75,000. Per the defendant, at a voluntary settlement conference, Retired Judge Selbes recommended $100,000.
Specials in Evidence
$5,000 (before pregnancy); $90,000 (subsequent) $15,000 (before pregnancy); $80,000 (subsequent) $100,000 (disputed)
Injuries
The plaintiff claimed she suffered back and ankle injury, resulting in seven months off work. The plaintiff became pregnant shortly after returning to work, then developed intractable back pain which did not abate after childbirth. In May 1996, she underwent anterior/posterior fusion at L5-S1 with pedicle screws. The fusion did not take well, and in June 1997, she underwent another posterior fusion and bone graft with removal of the pedicle screws.
Other Information
The verdict was reached approximately three years and five months after the case was filed. An arbitration was held on Sept. 5, 1995 before Howard Harris, Esq. resulting in a $32,000 award for plaintiff (before surgeries). The defendant requested a trial de novo. By special verdict the jury found defendant's employee was not negligent and followed proper procedures in closing the doors of the peoplemover.
Deliberation
four hours
Poll
12-0
Length
six days
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