Facts

Plaintiff Donald F. Schneider, 72, at the time of the accident, had a long and complicated pre-existing medical history. At 34, he was diagnosed with arteriovenous malformation (AVM), and required brain surgery.

At the time of the accident, he walked with a severe limp and required a cane but was able to live independently. He had not been employed since his brain surgery.

On April 29, 2010, at 12:35 p.m., plaintiff was walking on 7th Street east of Spring Street in Los Angeles when a Los Angeles County Metropolitan Transportation Authority (LACMTA) bus turned left and struck him with the driver's side sideview mirror, knocking plaintiff to the ground. Liability was not seriously contested.

Settlement Discussions

Plaintiff demanded $3.4 million. Defendants offered $1 million.

Injuries

Plaintiff sustained bilateral pneumothoraces, fractured ribs on the left side from the 2nd through the 9th, left temporoparietal scalp injury, right parathoracic subcutaneous emphysema, a cervical spine C6-7 ligament disruption, left distal clavicle fracture, hyperextension injury with disruption and step off deformity between C3 and C4.

Result

The case settled for $2,250,000.

Other Information

EXPERT TESTIMONY: Arthur Kreitenberg, M.D., orthopedist, wrote in his report that plaintiff suffered primarily chest injuries involving bilateral pneumothoraces (fractured ribs with collapsed lungs). Dr. Kreitenberg noted that during the hospitalization, plaintiff's cervical spine was noted to be slipped, but there was no instability and "no indication that this slip was traumatically induced nor was it unstable". Dr. Kreitenberg further opined that "the CAT scan of the cervical spine revealed only degenerative changes." Edwin C. Amos, M.D., stated that the plaintiff would have needed attendant care within three years of the accident anyway: "It is probable that due to his chronological age, chronic neurological deficits secondary to his stroke and history of significant medical comorbidities, that this patient would require attendant care and/or a supervised living environment within approximately three years even absent the subject accident." Plaintiff's expert opined that but for the accident, the plaintiff would have continued to live independently, notwithstanding his serious pre-existing disabilities. ARBITRATOR: Michael Moorhead, Esq.