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Personal Injury
Bus Incident
Passenger Accident

Dewan Prewitt v. City of Santa Monica, Kevin Shelton

Published: Jul. 7, 2007 | Result Date: Mar. 15, 2007 | Filing Date: Jan. 1, 1900 |

Case number: SC086114 Settlement –  $200,000

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Andrew L. Ellis
(Ellis Law Corp.)


Defendant

Norman N. Hirata


Experts

Plaintiff

Merlyn Robert Wilson
(technical)

Kyle Landauer
(medical)

Defendant

Jon B. Greenfield M.D.
(medical)

Steven Walsh
(technical)

Facts

The plaintiff, age 59, boarded a bus and was trying to find a seat, when defendant Kevin Shelton started to pull away from the curb then stopped abruptly causing the plaintiff to fall backwards, causing injury to her shoulder, back and neck. The plaintiff contended that the defendant failed to secure the safety of the newly boarded passengers.

Settlement Discussions

The defendants made no offers on this matter until a binding arbitration was agreed to.

Injuries

The plaintiff was diagnosed with dorsal spine musculoskeletal strain; lumbar spine musculoskeletal strain; cervical spine musculoskeletal strain; and right arm and wrist contusions as well as a left leg contusion. The plaintiff had one to two disc bulges lightly indenting thecal sac, as well as a three mm disc herniation at L5 and S1. Plaintiff underwent surgery on his right shoulder because of a right shoulder sprain with impingement syndrome.

Result

The arbitration resulted in $240,000 award which was reduced to $200,000 per a binding arbitration agent.


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