Facts

At 1:45 a.m. on June 25, 2005, at or near the intersection of Santa Monica Boulevard and 9th Street in Santa Monica, the plaintiff, age 56, was a passenger on a LACMTA bus. The bus struck a parked car transportation carrier. Plaintiff contends that the truck had been parked since 9:35 p.m., so the bus had passed it several times on its route before eventually crashing into it at 1:45 a.m. The plaintiff was thrown violently forward, and then backward, striking his head and resulting in a large, life-threatening subdural hematoma. He was rushed to UCLA for an emergency brain surgery. He was in a coma for ten days.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that LACMTA was negligent for hitting the parked truck, causing catastrophic injuries to plaintiff. As a common carrier, LACMTA owes the utmost duty of care to passengers under California Civil Code §2100. The bus driver had performed poorly during training, having problems with right side clearance, which was the cause of this accident. MTA rules provide that the driver should maintain between 3 to 4.5 feet between the bus and parked vehicles. The driver also had another prior accident involving right side clearance. The driver, who had not reached her probationary status of 150 days by the time of this accident, was fired within a few days after this accident.

DEFENDANT'S CONTENTIONS:
LACTMA cross-claimed against the truck driver and truck company, claiming that the truck was partly at fault. After jury selection, LACMTA admitted liability, and the case proceeded on damages only. While admitting liability, the LACMTA claimed that the plaintiff would not live more than seven to eight years because of his severe brain injury, paralysis, neurogenic bladder, tracheotomy and G-tubes.

Settlement Discussions

According to plaintiff, at mediation in October 2006, the plaintiff demanded $21 million; the defendant started at $3 million and came up to $4 million. Michael Moorhead was the mediator. At mediation on May 22, 2007, three days before trial by Viggo Boserup, the plaintiff demanded $36.9 million. Defendant, during the all day mediation, in two incremental increases, increased its previous offer in October 2006 from $4 million to $5 million. Plaintiff's counsel asked the jury to award damages in the amount of $48 million during his closing argument. Defendant, just after closing argument, offered $10 million and then shortly before jury came back with its verdict, offered $13 million.

Specials in Evidence

$1,550,000. $9 million (disputed) according to the plaintiff; $2.8 million to $4.1 million according to the defendant).

Injuries

According to the plaintiff, plaintiff suffered severe brain damage and paralysis to his left side, including his left arm, left leg, and left eyelid. Permanent brain damage, requiring round the clock medical care for the rest of his life. Since June 25, 2005, plaintiff remained hospitalized and mostly bed-ridden while at UCLA, Rancho Los Amigos and Pacifica Hospital of the Valley. He is currently residing at CareMeridian in La Habra, and still requires a Trach to assist with breathing and G-tube for all feeding. The defendant acknowledged plaintiff suffered brain damage, hemiplegia and was permanently and severely disabled.

Result

Verdict for $13,820,000 (gross) against LACMTA only (not Roy Moore or Romo).

Other Information

According to the plaintiff, due to the extent of plaintiff's injuries, a conservator had to be appointed to make health care decisions and pursue the claim on behalf of plaintiff against LACMTA. LACMTA is self insured for first $4.5 million. Excess carriers AIG and Lexington.

Deliberation

one day

Poll

12-0

Length

seven days