Sipho Rasana v. San Diego Transit Corporation
Published: Nov. 11, 2003 | Result Date: Feb. 1, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC756525 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Suzanne H. Mindlin
(Law Offices of Suzanne H. Mindlin)
Defendant
Experts
Plaintiff
Julie Honaker-Zimmerer
(medical)
Defendant
Raymond M. Vance M.D.
(medical)
David A. Casteel
(technical)
Facts
On Oct. 22, 1999, plaintiff Sipho Rasana, a 40-year-old certified nurse assistant, was stopped at a red light at an intersection in San Diego, when a double coach bus owned by Metropolitan Transit Development and operated by San Diego Transit, struck his 1988 Honda Prelude at a speed between 8 and 15 mph. The plaintiff claimed injuries to the neck and upper back and sought medical attention three days after the accident and then began a course of chiropractic and orthopedic treatment. The plaintiff continued to work for three months following the accident, but then stopped as a result of his injuries. San Diego Transit Corporation admitted liability, but disputed causation and damages. It contended that the accident occurred because a bicycle rack on the front of the bus that had been malfunctioning earlier that day fell off and hit the rear bumper of the plaintiff's car immediately after the bus pulled away from a bus stop. San Diego Transit also contended that the impact speed was less than 5 mph. It produced evidence of a 1994 accident in which the rear-end of the plaintiff's vehicle sustained serious damage, and claimed that the plaintiff attempted to attribute some of the prior damage to the present accident. It also produced evidence of a prior medical condition that the plaintiff had denied. San Diego Transit claimed that the plaintiff alleged he had filed a DMV SR-1 accident report required by law in accidents involving personal injury and property damage in excess of $500. It produced the plaintiff's driving record, which stated "no accidents reported," and the plaintiff was unable to produce a DMV SR-1 accident report during discovery or at trial. San Diego Transit called the plaintiff's neuroradiologist, who testified the plaintiff had a minimal disc bulge with no impingement on the nerve root and that there was no evidence of annular or ligament tears. It also produced evidence that approximately five weeks after the accident, in a telephone interview, the plaintiff described hearing a "bang" at the time of the accident and did not complain of any injury, medical treatment, or difficulty in working.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $250,000; the defendant made a C.C.P. Section 998 offer of $10,000.
Specials in Evidence
$10,000 $120,000 $60,000 $50,000
Injuries
Annular tear, posterior longitudinal spinal ligament tear, bulging and herniated disc at L5-S1 with radiculopathy, neck and upper back sprain/strain, chiropractic and orthopedic care, epidural steroid injections, x-rays and MRIs.
Deliberation
two hours
Poll
11-1
Length
10 days
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