Guadalupe Torres, et al. v. SCRTD
Published: Feb. 4, 1995 | Result Date: Jan. 13, 1995 | Filing Date: Jan. 1, 1900 |Case number: C615238 – $3,260,000
Court
L.A. Superior Central West
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Roy D. Jablonsky
(technical)
Peter Orner
(medical)
Darrell O. Clardy
(technical)
Defendant
John Korkhoff
(technical)
Martin S. Goldfarb
(medical)
Bruce D. Bowman
(technical)
Facts
On January 22, 1986, Defendant William Wann was driving a bus owned by Defendant SCRTD which struck and killed Roberto Torres. The location where the decedent had crossed the street was at issue. Defendant Wann alleged that he saw the pedestrian starting to run across the street in the middle of the block when he (the driver) was 250 feet away from the pedestrian; instead of immediately applying the brakes, Defendant Wann hesitated for a period of 2.5 seconds because he was concerned about what would happen to his passengers if he slammed on the brakes. Defendant Wann alleged that the decedent had started sprinting when he got to the center of the center lane. Plaintiffs claimed that their decedent had crossed the street at the corner of Hyperion and Riverside Drive where he had the habit and custom of crossing the street. Plaintiffs were the decedent's widow, Guadalupe, and their 8 children. At the time the decedent had been a 43-year-old dishwasher; but no proof of employment or earnings were permitted to be presented to the jury because of decedent's immigration status.
Settlement Discussions
Plaintiffs contend that prior to the first trial they made a 998 demand in the amount of $120,000 and Defendants offered $25,000; no solid offers of settlement were exchanged after the first trial. Defendants contend that the pretrial demand (second trial) was $2,400,000 and the offer was $0.
Specials in Evidence
not permitted
Damages
Funeral expenses were $2,630
Injuries
Death of spouse/father.
Other Information
This case was first tried in 1990 by Judge Hiroshige. The decedent was found 24 percent at fault (85 percent in the second trial) and Defendant Wann was found 76 percent (15 percent in the second trial); total damages then assessed were $2,780,000. Defendants appealed; and a this new trial was ordered. In the second trial, Judge Satt made a finding that the T-intersection (where Plaintiffs claimed that the decedent crossed) did not have an unmarked crosswalk.
Deliberation
2 days
Poll
12-0
Length
45 days
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