Arthur Scott v. MTA and Joel Dawkins, Jr. v. MTA / BC146195 c/w BC165156 c/w BC165154.
Published: Jan. 9, 1999 | Result Date: Sep. 16, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC146195 Verdict – $40,206
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Charles Casha
(technical)
Nicholas Halikis
(medical)
Defendant
Earle E. Crandall
(medical)
Facts
On Sept. 28, 1996, plaintiffs Arthur Scott, a 48-year-old substance abuse counselor, and Joel Dawkins, a 25-year-old theater usher, were passengers on LACMTA bus traveling on Wilshire Boulevard in the No. 3 of three lanes at approximately 9:30 p.m. As the bus was pulling away from the bus stop, another vehicle, which was not a party to this action, made a lane change in front of the bus, allegedly cutting it off. The vehicle then turned right and disappeared on Commonwealth. He did not stop following the accident. The plaintiffs brought this action against the defendant based on negligence. The separate actions were consolidated.
Specials in Evidence
$13,950 (Scott); $5,310 (Dawkins) $2,800 (Scott); $200 (Dawkins) $5,600 (Scott) $3,000 - $5,000 (Scott)
Injuries
Plaintiff Scott claimed injuries to his low back, left hip, left shoulder and neck as well as deQuervain's syndrome of the left thumb joint requiring physical therapy and evaluation with orthopedic and neurological surgeons, as well as requiring future surgery. Plaintiff Dawkins claimed soft tissue injury to low back and neck. Treatment for Dawkins included one emergency room visit and 4+ months of physical therapy.
Other Information
The verdict was reached approximately two years and six months after the case was filed. A prior arbitration was held before Robert J. Cohen, resulting in $48,989 (for Scott), $11,800 (for Dawkins).
Deliberation
3½ hours (per plaintiff), five hours per defendant
Poll
12-0
Length
six days
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