sr-012280-6pRLK:Sw:ray
CONFIDENTIAL
January 10, 1980
T0: City Council
FROPd: City Attorney
SUBJECT: Settlement of Case Entitled Alberta Childs v.
City of Santa Monica - Case No. C 172851
INTRODUCTIOLd:
Alberta Childs, aged 66, while attempting to board a
Santa Monica PQunicipal Bus, suffered injuries which she alleged
were due to the driver's premature closing of the doors. As a
result of being struck, plaintiff sustained soft-tissue injuries
primarily to her neck, left shoulder and right leg. The following
staff report transmits a proposed settlement of Twenty-Eight
Hundred Seventy-Five Dollars ($2,875.00).
BACKGROUND•
The accident occurred on April 20, 1976. This is a
case of unquestionable liability. According to the accident report
prepared by bus driver Faye Bosh:
"I closed the door too soon and caught the lady
in the door. She complained of her leg and arm
hurting. I advised her to see her doctor if needed
and to contact the bus company. That I would
make a report of the incident.. I should have
been more careful. I don't like to see anyone
hurt."
AN 2 ~4~a
Plaintiff°s contentions are substantiated by two witnesses, her
daughter Dorothy Johnson and grandson, Tracy Johnson. .Dorothy
Johnson substantiates plaintiff°s contention that after she was
pinned by the closing doors, the bus moved for a distance of
approximately 10 feet before the driver realized what had occurred..
Notwithstanding the high degree of care required of
common carriers, which includes Municipal Bus Lines, driver Bosh°s
actions constituted negligence. Legal authority has established
that the stringent standard of care owed by common carriers applies
to individuals boarding buses.
DAD'lAGE5 :
Plaintiff incurred $7II4.00 in medical specials
with Dr. J. Louis Sokolov. These specials were incurred in 23
office visits, commencing on April 21, 1976 and ending on June 14,
1976. $140.00 was incurred for initial and final physical exams
and the doctor's report. The remaining $644.00 was incurred for
office visits and treatment which, according to Dr. Sokolov's
report involved physiotherapy, hydrotherapy, ultrasonic treatment
as well as various medications.
Significantly, plaintiff was seen on behalf of the
City by Dr. Robert Shlens, an orthopedic specialist, on October 12,
1976. According to the "Discussion" portion of his report:
"The patient has subjective residuals in the neck from her injury
of April, 1976." Dr. Shlens goes on to state that, °There is no
further treatment indicated for the injury of April, 1976, and the
condition is a chronic one that gives her symptoms in the neck
and may require mild medication from time to time." This con-
clusion of a City-retained physician would tend to substantiate
plaintiff's more recent contentions that she continues to suffer
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from occassional aches and pain on the left side of her neck
and left shoulder. She further contends that her ability to carry
heavy objects and move is restricted since she is unable to raise
her left arm for prolonged periods.
ALTERNATIVE SOLUTIONS:
The alternatives are either to approve the settlement
or to reject it and proceed to arbitration.
REC OMMEIdDAT I ON
It is the recommendation of this office that the City
Council instruct the Director of Finance to draw a warrant made
payable to Alberta Childs and her attorneys of record, Greenberg
and Panish, in the sum of Twenty-Eight Hundred Seventy-Five Dollars
($2,8?5.00) in full and complete settlement of the case entitled
Alberta Childs v. City of Santa Monica, Superior Court Case No.
C 172851. This recommendation is made for two primary reasons:
(1) the actions of driver Bosh, as admitted by him and observed
by plaintiff and two witnesses, point to clear liability; and
(2) the amount recommended in settlement is reasonable in vieca of
the documented medical expenses and particularly in view of the
observation of Dr. Shlens that plaintiff is suffering from a
chronic difficulty with her neck.
PREPARED BY:
Richard L. Knickerbocker, City Attorney
Seth Weisbord, Deputy City Attorney
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