RESULT DATE: March 4, 2015
John Doe 1, John Doe 2, et al. v. Roe Driver, et al. 15-JV_1221
FURTHER DESCRIPTION: Dangerous Condition of Public Property
SETTLEMENT: $6,618,000
ATTORNEY Plaintiff – Warren J. Binder (Binder Law Group, PLC, Encino); Paul S. Norris (The Paul S. Norris Law Firm, Encino).
Defendant – Gary Robert Gibeaut, Sally G. Kushner (Gibeaut, Mahan & Briscoe, Los Angeles) for [REDACTED]; Timothy J. Hogan (Law Office of Timothy J. Hogan, Newbury Park) for Roe Driver; Eric D. Weisel (California Department of Transportation, Los Angeles) for [REDACTED].
MEDICAL Plaintiff – Nabil S. Dahi, M.D., anesthesiology, Encino; Ian Maharaj, M.D., neurology, Winnipeg, Manitoba, Canada; Jacob Tauber, M.D., orthopedic surgery, Beverly Hills; Neil Berrington, M.D., neurosurgery, Winnipeg, Manitoba, Canada; Tanya Scott, P.A., physical medicine and rehabilitation, Winnipeg, Manitoba, Canada; Cara Windle, physiotherapy, Winnipeg, Manitoba, Canada.
Defendant – Thomas J. Grogan, M.D., orthopedic surgery, Los Angeles.
TECHNICAL Plaintiff – Richard Ruiz, forensic economist, Los Angeles; Edward M. Stevens, traffic engineering, Olympia, Wash..
FACTS: On Feb. 22, 2012, at 3:15 p.m., at a bus terminal located at the junction of the I-110 and I-105 freeways, a group of people was standing on a platform about to board a Los Angeles County Metropolitan Transportation Authority bus. A 2009 Honda, driven by defendant Roe Driver, struck the awaiting passengers.
Among the plaintiffs were brothers John Doe 1 and John Doe 2.
CONTENTIONS: PLAINTIFF’S CONTENTIONS: Plaintiffs contended that without warning, defendant drove from a designated bus lane, up the curb, and onto the bus platform crashing into the six people.
Plaintiffs claimed that defendant driver was negligent for being inattentive and driving at an unsafe speed. Plaintiffs also claimed that [REDACTED] and [REDACTED] were negligent for the design and maintenance of the bus station, platform and roadway for failure to install protective barriers, bollards, crash attenuators, or any other safety measures to protect people waiting to board the bus.
DEFENDANT’S CONTENTIONS: [REDACTED] and [REDACTED] contended that the design and maintenance of the bus station, platform, and roadway was adequate and that Roe Driver was 100 percent at fault.
INJURIES: Doe 1 claimed fractures to left femur fracture, left fibula, left patella, left mandibular fracture, displaced right nasal and septum fracture, anemia, post-concussion syndrome, broken tooth, hematoma right forehead, lacerations to right eyelid and ear, abrasions to head, and blunt trauma to abdomen with questionable internal bleed hematoma at sacrum.
Doe 2 claimed brain hemorrhage, subarachnoid hemorrhage and intracranial hemorrhage, sacral fractures, transverse fractures at L2-4, left fibular fracture, diffuse and shearing axonal brain injury.
SPECIALS IN EVIDENCE: MEDS: $2,447,657 Future MEDS: $3 million LOE: $61,600 Future LOE: $330,000
RESULT: The case settled for $6,618,000.
OTHER INFORMATION: Bollards and/or protective barriers were installed at the bus station shortly after this accident.
FILING DATE: Oct. 9, 2012.
