Myrthlene Williams, Myrthlena Ross v. Budget Rent-A-Car, City of Los Angeles
Published: May 3, 2001 | Result Date: Jan. 16, 2001 | Filing Date: Jan. 1, 1900 |Case number: BC200835 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Bruce S. Gelber
(U.S. Dept. of Justice)
Defendant
Deborah J. Breithaupt
(Office of the Los Angeles City Attorney)
Experts
Plaintiff
Daniel Stewart
(technical)
Robert Feliciano
(technical)
Defendant
Clarence R. Chapman
(technical)
Facts
In April 1998, plaintiff Williams rented a Lincoln Navigator from Budget Rent A Car that was erroneously
reported as stolen to the Los Angeles Police Department. Budget called Teletrac who activated a vehicle
tracking device on the Navigator and located the vehicle. The LAPD was called to apprehend the vehicle and
the suspects. The radio dispatch went out as a "grand theft auto."
The plaintiffs were stopped in the Navigator at a Union 76 station and surrounded by officers. The plaintiffs
were ordered to exit the vehicle, but were confused. They ducked out of sight. The plaintiffs eventually got out
of the Navigator and were patted down, handcuffed and placed in the back of a police car. The plaintiffs
immediately advised an officer that the Navigator had been rented. The officer retrieved the handwritten rental
documents from the vehicle and called Budget on a cell phone.
A Budget representative told the officer that the Navigator was stolen and had him verify some property
damage on the vehicle. The Budget representative also stated that the rental documents were forged. Due to
BudgetÆs insistence that the vehicle was stolen, the plaintiffs were transported to the police station to complete
the investigation.
At the police station, a Budget representative arrived and announced that she had made an error in reporting
the Navigator as stolen. Apologies were extended to the plaintiffs and they were driven home in an unmarked
police vehicle.
The plaintiffs sought extensive psychiatric care in February 1999.
Settlement Discussions
Defendant Budget settled before trial for $300,000. The plaintiffs made a C.C.P. Section 998 demand to the defendant City of Los Angeles for $150,000 for each plaintiff.
Injuries
The plaintiffs claimed only non-economic losses for the emotional distress that they allegedly experienced. Both plaintiffs were diagnosed with post traumatic stress disorder and received a lengthy course of psychotherapy and medication. Plaintiff Ross had ongoing visual hallucinations and was allegedly suicidal at the time her therapy was terminated.
Deliberation
1.5 days
Length
five weeks
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