This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Bus Incident
Negligence

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

David A. Horowitz

Court

L.A. Superior Central


Attorneys

Plaintiff

Christopher S. Davis


Defendant

Karen Sarames


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


#89816

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390