Facts

On Jan. 22, 2005, at 6:10 p.m., plaintiffs Amanda Haney and Nicamarie Santiago were walking westbound across Studebaker Road at Barrios from El Dorado Park to their homes. They were in a marked crosswalk, approximately 2/3 of the way across the street. Defendant Patrick Hayes, 82, was southbound on Studebaker in the number two lane, failed to see the plaintiffs, striking both of them and knocking them to the street.

Defendant Hayes admitted some negligence during discovery.

The plaintiffs also sued city of Long Beach alleging an unsafe intersection, negligent design and maintenance. The intersection in questions is 96 feet wide, uncontrolled but with marked crosswalk. The street is a major arterial on eastside of Long Beach. In the seven-year period prior to this incident, citizens and the local city council person whose office is located immediately adjacent to the intersection made at least five separate requests to the city traffic department to consider the placement of a signal, flashing light or pedestrian activated light at the intersection due to greatly expanded park facilities and usage of the park by the community.

In 1997, there was a fatality involving a senior citizen, however, there were no other reported incidents other than several "near misses." The city traffic engineers did two studies between 1999 and 2002, each time refusing to put in any improvements. Despite the continued inquiries by the councilperson, the traffic engineers failed to modify their position or do any additional surveys. In one instance, the city traffic engineer simply did not even reply to the request of the council member.

In November 2004, less than eight weeks before the accident, the city engineer refused again to consider a light with the reasons given including statements such as "it would aggravate the motorists" and "it could cause rear-end accidents." Less than 30 days after the last denial of the request, the same traffic engineer finally went to the scene and completely flip-flopped his position and put an expedited request for a full tri-light signal. He recommended this based upon the same reports his department had used to deny the previous five requests.

Fifteen months after the accident, a light was installed and the city touted the enhanced pedestrian safety of the intersection.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed the negligence of the driver was the primary cause of accident, however, the city was also negligent in allowing the intersection to remain unsafe after seven years of knowledge about the concerns of citizens and elected officials.

DEFENDANT'S CONTENTIONS:
Defendant Hayes acknowledged responsibility. City of Long Beach did not, and filed an MSJ alleging no design defect or change in circumstances, which was denied by Judge Madden in September 2006.

Specials in Evidence

Plaintiff Haney had $53,034 in medical expenses of which $37,784 was paid through father’s union trust fund. That sum was compromised of a total of $15,000. All other liens/expenses waived. Plaintiff Santiago had $41,551 in medical expenses of which Blue Cross paid $19,088. That lien was settled for $7,500. All other liens/expenses waived.

Injuries

Amanda Haney, 16, experienced intracranial bleeding, scarring on hands, legs and upper lip, bruises and abrasions. She was hospitalized for five days and had physical therapy and diagnostic testing for months with pediatricians. She still has some aches upon lifting, and may undergo possible future scar revision. Nicamarie Santiago, 16, also knocked to the ground, suffered fractured tibia, hospitalized at Long Beach Memorial Medical Center and treated. She also experienced partial rotator cuff tear. She made good recovery, with some residual pain in shoulder.

Result

Defendant Hayes had minimal policy, which was tendered by his carrier early in the case. Initially, the plaintiffs' guardians did not wish to pursue any additional sums due to his age and limited assets, however, during litigation, defendant Hayes sold his home and had money available to resolve case. At Aug. 1, 2006 mediation, with retired Judge Margaret Hayes, of Judicate West defendant Hayes offered $10,000 to each plaintiff over and above policy limits. The plaintiffs rejected this offer but did entertain other proposals. Ultimately defendant Hayes settled with plaintiffs for $90,000 payable to each plaintiff, comprised of insurance limits of $15,000 plus $75,000 personal funds. At the August 2006 mediation, the city refused to negotiate, wanting to wait for MSJ ruling. After losing the MSJ, they ultimately settled with plaintiffs for $10,000 each. Both settlements (totaling $100,000 to each plaintiff) were approved by Judge Patrick Madden in a Minors Compromise hearing.

Other Information

The proceeds of the settlements have been deposited in blocked accounts pursuant to the court order.