sr-042280-6c~C
CONFIDED?TIAL
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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
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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
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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
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