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sr-042280-6c~C CONFIDED?TIAL aPR 2 2 f9~~ '~z~% s,/~ FAA _ f' E`r: April 14, 1980 T0: CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: Settlement of the Case Entitled William Waddell, vs. City of Santa D4onica, Case No. WEC 43179 INTRODUCTION: Plaintiff William TOaddell, 43 years old, contends injuries which resulted in s-evere acute musculotendinous sprain of the lumbar spine and the right knee with severecontusions of the right knee while waiting to board a Santa Monica Municipal Bus in January 1, 1976 at approximately 10:30 a.m. The following Staff Report transmits a pro- posed settlement of Four Thousand Dollars ($4000. BACK GRO UPdD This accident occurred when a Santa Monica bus, pulling up alongside a curb on Main Street in front of the Civil Audi- torium, allegedly struck bor. William T^7addell knocking him to the pavement. Mr. T^7addell alleges that he sustained injuries when the bus pulled alongside the curb in front of the Civil Auditorium to pick up passengers to transport to the Rose Bowl and struck him on the left shoulder, knocking him to the ground. PQr. Waddell was certain in deposition testimony that he was struck by the right side mirror on his left shoulder blade and that no other portion of the bus struck him. The accident occurred while a group of buses were arriving and a crowd was surging forward. Mr. A;addell would present two perci.-ient witnesses, Mary Eichler and Patricia P4unsey, who both testified at depositions that they saw Mr. T9addell fall after being struck b_y the bus. aPR ~ ~ t~~a Patricia Munsey sustained injuries when P4r. [~7addell knocked her down as the bus struck him, Patricia Munsey filed an indepen- dent lawsuit based on this incident where she alleged that she was knocked down by Mr, T-Wddell as he was falling, In her settle- ment the City paid her Seventy-Five Hundred Dollars ($7500), Lt appears she would testify in P4r, Waddell's behalf and, in the event she does testify as she did in her deposition, she would indicate that the bus hit P•4r. 4daddell. She does not appear to have a personal stake in this matter since her case has already been settled. Ms. Eichler, although a girlfriend of Mr, Waddell, would also testify to help him establish liability, She. also has indicated in deposition testimony that the bus struck ^1r. VTaddell. Further evidence favorable to Mr. Waddell is that within minutes after the alleged accident, idr. Waddel a Santa PQonica bus supervisor that he had been the bus. This testimony wauld tend to obviate this accident did not take place. Mr. [4addell to John Widich, the supervisor on the scene at alleged accident, DAMAGES AND IIQJURIESa L complained to knocked down by any suspicion that revealed some injury the time of the Plaintiff claims the following medical special damage s 1. Dr. John R. Wigton $807.00 2. Dr. Robert D4oore 35.00 3. Santa rgonica Hospital 77.00 TOTAL $919.00 -2- idith respect to lost earnings or income, bir. Waddell claims that he suffered a two-month absence from work at Redman- Westlake Moving Company due to suffering from his alleged injuries which arose from the alleged bus accident which. resulted in Tcvo Thousand Sixty-Six Dollars and Forty Cents (.$2066.40) loss of earnings. Mr, Waddell claims an additional loss of income and earnings which resulted when as an independent contracting mover he had to employ other movers to perform his job for which he expended Eight Thousand Dollars ($8000). This figure is probably exaggerated. For the basis of settlement, Two Thousand Dollars ($2000) in loss of earnings and income appears to be a bona .fide figure. Thirty-three physiotherapy treatments mere given by Dr. Wigton. G4hile Mr, Waddell indicated that his knee injury still gives him problems,. no evidence exists to substantiate. .that. ALTERNATIVE SOLUTIONSc The alternatives are either to approve the settlement or to reject it and to proceed to trial. RECOMMENDATION: It is the recommendation of this office that the City Council instruct the Director of Finance to draw a warrant made payable to bdilliam L^Tddell and his attorney of record, Jack Haddad, in the sum of Four Thousand Dollars (.$4000) in full and complete settlement of the case entitled William Waddell vs. City of Santa -3- Monica, Superior Case No. G~TEC 43179. Should this case proceed to trial, the trial court is bound to submit the matter to the jury and plaintiff would stand a good chance of showing liability. Judge Feinerman valued the case at Thirty-Five Hundred Dollars ($3500) for settlement. The additional Five Hundred Dollars ($500) represents a compromise betcaeen our offer of Two Thousand Five Hundred Dollars ($2500) and plaintiff's offer of Seven Thousand Five Hundred Dollars ($7500). The settlement recommendation of Four Thousand Dollars ($4000) is reasonable in light of the fact that the Four Thousand Dollar settlement is merely twice the medical specials and not three times the medical special upon which settlements are generally based. Furthermore, the cost of trying this case would result in an out-of-pocket expense including doctors' testimony on behalf of the City, subpoena and witness fees, which would total around Twelve Hundred and Fifty Dollars ($1250). P4oreover the $1250 amounts does not reflect the expense of_ an attorney trying the case. Therefore, the actual cost of settlement would be approximately Two Thousand Seven hundred and Fifty Dollars (.$2750). PREPAP.ED BY: RICHARD L. PNICI{ERBOCY.ER, City Attorney BEA AGATSTEIN, Deputy City Attorney -4-