Facts

On Feb. 27, 2011, plaintiff Ronald Reed was a passenger on a Los Angeles County Metropolitan Transportation Authority Metro bus. The bus was being operated by defendant Raul Ramirez was operating the bus when it collided with a vehicle being driven by Frank John Tarantino. The accident occurred on Sunset Blvd. near its intersection with Orange Dr. in Los Angeles.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that as a result of the accident, he struck his left shoulder on the left window of the bus, tearing his rotator cuff, for which he eventually required surgical repair.

Plaintiff sued defendants for negligence. Plaintiff also sued James Tarantino, the owner of the vehicle operated by Frank John Tarantino.

DEFENDANT'S CONTENTIONS:
Defendants disputed liability for the collision, each contending the other made an unsafe lane change causing the accident. Defendants also contended that the accident did not cause plaintiff's injuries, that plaintiff's injuries predated the accident, and that plaintiff was not damaged as a result of the collision.

Tarantino contended that prior to the collision, he was stopped in the left-turn pocket on eastbound Sunset Blvd. behind a non-party vehicle. The bus moved from the curb lane of eastbound Sunset across the number two lane and into the number one lane. Tarantino contended he moved his vehicle from the left-turn pocket into the number one lane. The front ends of the vehicles then collided in the number one eastbound lane, shearing Tarantino's front bumper and driving his vehicle into the rear of the non-party vehicle.

LACMTA contended that Tarantino was in a left-turn only lane, then pulled out and entered the number one lane hitting the bus in the left front corner.

Settlement Discussions

Plaintiff made CCP 998 demands of $99,999 to Frank John Tarantino and James Tarantino; and $350,000 to LACMTA. Frank John Tarantino and James Tarantino made a CCP 998 offer of $10,000, while LACMTA made a CCP 998 offer of $10,000.

Specials in Evidence

$14,962

Damages

Plaintiff alleged a total of $75,073 in past medical damages in written discovery.

Injuries

Plaintiff was taken by ambulance to Hollywood Presbyterian Medical Center with complaints of left shoulder, head and right knee pain.

Result

Defense verdict.

Other Information

Defendants' Joint Motions in Limine and trial objections excluded all but $14,962 of the damages. FILING DATE: June 9, 2011.

Deliberation

30 min.

Poll

10-2 (Raul Ramirez/LACMTA was not negligent), 11-1 (Frank John Tarantino was negligent), 12-0 (Frank John Tarantino's negligence was not a substantial factor in causing harm to Ronald Reed)

Length

six days