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Personal Injury
Bus v. Pedestrian
Negligence

Flor Servin v. Los Angeles County Metropolitan Transportation Authority, Maritza Azucena

Published: Jun. 29, 2004 | Result Date: Dec. 30, 2003 | Filing Date: Jan. 1, 1900 |

Case number: VC038877 Verdict –  $146,483

Judge

Thomas I. McKnew Jr.

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Robert S. Bryan


Defendant

Julie A. Mullane


Experts

Plaintiff

Arthur Kreitenberg M.D.
(medical)

Fred M. Johnson
(technical)

C. Dennis Wylie
(technical)

Defendant

Thomas J. Grogan M.D.
(medical)

Facts

The plaintiff was a 14-year-old girl walking to a fast-food restaurant during the afternoon of May 1, 2002 in Bell Gardens. At the intersection of Florence and El Selinda, she stepped into the cross-walk, intending to cross Florence Avenue and was struck by an LACMTA bus.

Settlement Discussions

The plaintiff served C.C.P. Section 998 for $100,000; the defendant served C.C.P. Section 998 for $50,000.

Specials in Evidence

$21,483

Injuries

Loss of consciousness, fractured clavicle, hip contusion, soft tissue neck and back, and lacerations.

Other Information

At mediation, the defendant's highest offer was $35,000. The defendant filed motion to tax costs after trial; the motion was partially granted and costs were reduced by $500.

Deliberation

four hours

Poll

12-0 (negligence), 10-2 (damages), 9-3 (apportionment of fault)

Length

five days


#81169

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