Culver City bus rear-ends vehicle that stops at a yellow light. $40K. Los Angeles County.

Summary

Plaintiff had rejected the defense CCP 998 offer of $108,000 before trial.

The Case

Case Name: Girgis, S. v. City of Culver City, et al.
Court and Case Number: Los Angeles Superior Court / BC674090
Date of Verdict or Judgment: Tuesday, June 04, 2019
Date Action was Filed: Monday, August 28, 2017
Type of Case: Vehicles - Bus vs. Other
Judge or Arbitrator(s): Hon. Cary Nishimoto
Plaintiffs:
S. Girgis
Defendants:
City of Culver City
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $40,000

The Attorneys

Attorney for the Plaintiff:
Bausch Law Group by Natalie Bausch and Sarah Browne, Santa Monica
Attorney for the Defendant:
McCune & Harber, LLP by Kenton E. Moore and Nazli Alimi, Los Angeles.

The Experts

Plaintiff’s Medical Expert(s):
Stepan Kasimian, M.D., orthopedic surgery, Glendale.

Pablo Pazmino, M.D., spinal surgery, Los Angeles.

Rami Hashish, biomechanics, Los Angeles.
Defendant's Medical Expert(s):
Clive Segil, M.D., orthopedic surgery, Los Angeles.

James Baharvar, M.D., internal medicine, Santa Monica.
Plaintiff's Technical Expert(s):
Rami Hashish, biomechanics.
Defendant's Technical Expert(s):
Michael Callahan, accident reconstruction, Los Angeles.

Mark Gomez, Ph.D., biomechanics, San Diego.

Facts and Background

Facts and Background:
On November 18, 2016 in Culver City, a City of Culver City bus rear-ended plaintiff's vehicle that had stopped at a yellow light at the intersection of Washington Blvd. and Washington Place.
Plaintiff's Contentions:
Plaintiff alleged the City's bus driver was negligent in her operation of the bus and that the City was vicariously liable. Plaintiff claimed injuries to her neck and back as a result of the accident. She further claimed her accident-related injuries led to permanent spinal injuries that would require surgery.
Defendant's Contentions:
At trial, defendants admitted liability, and the remaining issues were causation and damages.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Plaintiff claimed the accident caused cervical disc compression and herniation that developed cervical myelopathy; as far as her lower back injuries, they were unspecified, but there was some evidence presented regarding an alleged lumbar disc herniation, and lumbar sprain/strain.

Demands and Offers

Plaintiff Final Demand before Trial: $550,000.
Defendant §998 Offer: $108,000.

Additional Notes

During settlement negotiations, plaintiff first demanded $412,000. Defendants offered $50,000. Approximately one month later, at mediation, plaintiff made an opening demand of $560,000. At the close of mediation, defendants offered $70,000 and plaintiff demanded $450,000. Prior to trial, defendants made a Code of Civil Procedure section 998 offer of $108,000. Plaintiff made a counter-demand of $550,000.

At trial, plaintiff asked the jury for an award of damages in the amount of $906,969 for past pain and suffering, future medical costs and future pain and suffering. The jury awarded $40,000.