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
Auto v. Bus
Rear-End Collision

Ezell Carter, Alameda-Contra Costa Transit v. Laurie Slez

Published: Aug. 24, 2004 | Result Date: May 14, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 2002043280 Verdict –  $0

Judge

Horace Wheatley

Court

Alameda Superior


Attorneys

Plaintiff

Frank Christy

Anthony G. Ratto


Defendant

James F. Hannawalt
(Office of the San Francisco City Attorney)


Experts

Plaintiff

Aubrey A. Swartz
(medical)

Defendant

Mark Bernstein
(medical)

Rajeev Kelkar Ph.D.
(technical)

Thomas G. Sampson M.D.
(medical)

Facts

On May 31, 2001, at approximately 5 p.m., the plaintiff, a 47-year-old bus driver, was driving a bus on Marina Village Parkway in Alameda. As the bus turned, he was rear-ended by the defendant driving a 2000 Honda Accord. The plaintiff and his employer both sued the defendant, in separate actions which were later consolidated. The defendant admitted liability but disputed injury causation.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $100,000; the defense made a C.C.P. Section 998 offer of $5,000.

Specials in Evidence

$48,500 $120,000 $500,00 $240,000

Injuries

The plaintiff driver claimed that he injured his knees and that condition aggravated his arthritis to the point that he was permanently disabled from work as a bus driver and required bilateral knee replacement surgery.

Other Information

The defendant has submitted a cost bill of $4,700 which has resulted in the filing of a motion to tax.

Deliberation

30 minutes

Poll

12-0

Length

three days


#98000

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

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