sr-062480-6m.,
sss:YB:ta
Council b3eeting of 06/24/30
CONFIDENTIAL STAFF REPORT
TO: MAYOR AND CITY COUidCIL
FROM: CITY ATTORNEY
JUN2~i960
Santa Monica, California
SUBJECT: Settlement of Case Entitled Lillie hA. Haynes v.
City of Santa Monica - Case t7o. WEC 46394
FACTS
Plaintiff, Lillie Haynes, complained against the
City for injuries she sustained as the result of a bus accident
on September 15, 1976.. The basis of this lawsuit is that the
bus driver, John Tramble, carelessly and negligently closed
the front doors on her as she was attempting to board. She
claims the driver then proceeded to accelerate, driving several
yards while her body was sandwiched between the doors.
At the time of the accident, plaintiff suffered injuries
to various parts o£ her body, including her neck, back, arms and
legs. Plaintiff has been treated medically for several years as
her symptoms and pain continued. She underwent a lumbar laminectomy
with disc e:ccision on April 23, 1930. Her physician, Dr. James A.
Coulter, has indicated further surgery will be indicated if there
is no improvement. Since the date of the injury to the present,
plaintiff has been unable to meet the physical demands of her
position as a nurse at UCLA F3ospital cohere she has been steadily
employed for two years prior to the date of the accident.
Plaintiff's loss of earnings claim exceeds $40,000..
Her medical specials to date are in excess of $13,000. Future
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medical expenses as well as additional claims for loss of income
are likely.
INJURIES
As a result of the accident on 5epternber 15, 1976,
as verified b_y defendant's medical reviewer, plaintiff's injuries
necessitated back surgery, performed on April 23, 19$0. At
the present time, she has a herniated cervical disc with severe
right arm pain, numbness, weakness and occipital headaches.
Dr. Coulter has indicated that future surgery may be required
(see attached letter).
Despite. plaintiff`s being involved in two prior accidents -
a rear end auto accident approximately five years ago, and a slip
and fall in a tnarlcet approximately ten years ago, she had a
steady work record for the four years preceeding this accident,
and had no symptoms at the time. of the bus accident.
Prior to the latest settlement negotiation at the
request of the City, Dr. Leon Brooks reviewed the medical records
and x-rays relating to the prior and instant accidents. He
advised that "it is possible to sustain soft tissue injuries in
the manner described. requiring resolution by resort to laminectomy
surgery", and that he would have to testify that the bus accident
was probabl;~ the cause of the suugery that was performed by Dr.
James Coulter.
SFTTLEMFNT RECOP42![EIJDATION
Prior to the date set for trial, settlement negotiations
had proved futile. tJp to and including the PQandatory Settlement
Conference before Judge Mario Clint, plaintiff's attorney Baas
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adamant in his demand for a settlement of $45,000 - $50,000.
Trial was originally set for June 3, 1980. and continued
to June 11, 1980. in an attempt to settle this lawsuit.
On the day set for trial, additional settlement con-
ferences were scheduled with Judge Raymond Choate. As a result
of extensive negotiations involving Judge Choate, Yvonne Binstock.,
John Costanzo, and plaintiff's counsel, a settlement agreement
of $17,5b® was reached. Lt was agreed by all present to recommend
this figure to the City Council for approval,
Judge Choate and associate defense counsel, John Costanzo
(see attached letter) believed .the proposed settlement of $17,500
to be highly favorable to the City.
For the past several days, Yvonne Binstock continued
negotiations with plaintiff's counsel resulting in his agreeing
on behalf of plaintiff to accept $15,000 to settle this lawsuit.
The only alternative to settlement is to proceed to
trial, with the potential jury verdict projected to be in the
area of :$75,000 - $125,0.00. Plaintiff, Baynes is a highly
credible and sympathetic witness. At the time of her deposition
and on the day set for trial, she was still disabled and re-
guired assistance ih walking. inhere is a strong eye witness for
plaintiff who will testify that he observed the driver close the
doors on i1rs, Haynes. and then proceed to accelerate the bus
while P2rs. Haynes was .caught between the doors. There are no
favorable witnesses for the defense. Plaintiff's physician,
Dr. James A, Coulter is a highly credible and respected physician.
llr, Leon Brooks, our medical reviewer, has indicated that his
testimony will support plaintiff's position regarding injury and
damages. Additionally, we had engaged co-counsel to assist in
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the trial of this lawsuit, and will incur substantial defense
costs.
The City Attorney's Office strongly recommends the
Council appro~re the settlement of this lawsuit for $15,090.
Prepared By:
STEPHELd S. STARK
YTJONNE BTII5TOCIC
Enclosures: Letter from John Costanzo
Dr. Coulter's P~Iedical Report
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LAW OFFICES
HILLSINGER & COSTANZO
RR.,. EssorvAL ccR.o PA-ioa
SEVENTH FLOOR
3055 WILSNIRE BOiILEYARD
LOS ANGELES CA.IFORNiA 90010
TELE P~:C `:E 1213 3BE-9aai.
June 12, 152u
Office o{ Cl Attorr.e
City i?ali, 1c85 "4air_ Street
Sa'.~~c __~"_~" Callfornla ~~~L(11
Re: ~~_lie Ha,nc-s vs. Cith~ of Santa Nonica
four lle \.. N!~',_ 76-537
Our File tve. ~2-3u001-1
Dear Sir:
CABiE ApORE55
"H p_C O'L AJ.'~~
TE LE x. 365-1592
ORANGE COUNTY OFFICE
2002 NORTH BROADWAY
SANTA ANA.CA!IFO RIM1 IA 92>O6
IT 41 542-6241
TRI-COUNTY OFFICE
132 EAST FiGUEROA STREET
SANTA BARBARA.CALIFORNU B31C1
16061 966 ~39B6
IN RE F:. ~' i
R EVER TO LOS Angeles
This will serve to confirm my reconunendations and advice to
you concernine t~.~e disposition of the abcve-entitles action
against the City of Santa A7onica, which is subject to ap-
proval by the City Council.
After obtaining, on ar. expedited basis, all of the medical
and em~lovment records available on the plaintiff in this
action, and while the. Stein Agency was continuing its ef-
forts to fclloo;-up on leads that were developed from the re-
cords that had been made available so far, a recommendation
for settlement was made and approved by Judge Choate, and
referred to the City Council for their acceptance, in the sum
of $17,SOC.
F,s of the date of trial, the plaintiff had undergone surgery
for the back problems which were the subject of treatment
from the date of the accident up until the time of the surgery.
At the time of her deposition, and at .the time of trial, she
caas still disabled and required assistance in walking.
She has not worked at her usual occupation from the date of
the accident until the date of trial and will undoubtedly sus-
tain a future loss which is presently unascertained. As a
matter of fact, based upon my review of the records I doubt
whether she will ever return to her usual employment, which
would give us an additional 15 years claim of loss of income.
Office of City Attorne'
Ci'cy of Santa Monica
Re: Haynes vs. City of Santa Monica
Our File No. 92-80001-1
Page Twc
Her medical specials to date are in excess of $13,600.
As far as ~.`,e liability is concerned, this accident did occur
involving this lady, but the circumstances of the accident
are the only items that are in dispute. There is no question
that the lady either fell or was hurt inside the bus as a
result of the bus moving before she was seated.
We were able tc uncover some records of an accident that had
occurred back in 1969 that resulted in some complaints of
pair. and discomfort in the upper and lower back, which did
cast some doubt as to the entire condition of this lady's
bod,.~ beine the result of the bus accident; however, treatment
for that condition had ceased in 1972. She had a steady work
record from 1972 through 1976, when this accident occurred.
Therefore, Ur. Brooks whom we furnished, through the good
offices of Mrs. Binstock, the records and x-rays, advised
that he would have to testify that the accident was probably
the cause of the surgery which was undertaken after the inde-
pendent medical exaniinations had been performed by Drs.
Thompson and Nicola.
To m~- mind, the potential jury verdict in this case, with
those specials and that disability, would be in the area of
$75,000 to $125,000.
I, frankly, was amazed that Mrs. Binstock was able to conclude
settlement of this case with plaintiff's counsel's indication
of acceptance of $17,500. Mr. Stark, to whom Mrs. Binstock
and I reported, was, I believe, in accordance with our recom-
mendation.
Based upon my experience and judgment, I think this is an ex-
cellent settlement figure for the defendant. I must compliment
Mrs. Binstock on her excellent performance in handling plain-
tiff's counsel, and have to compliment Mr. Stark for his quick
analysis of this situation and approval of our recommendations.
If there is anything more which I can do by way of advice or
recommendation, I will be pleased to do so.
I will hold our file in abeyance until I am advised that the
matter has been closed and submit then our statement for ser-
vices rendered.
U~rice of Cit}• Attorne,;
Cit~~ of Santa Mc~:ice.
ke: Ya~-;nes vs. Cit~~~ of Santa Monica
O"~- File Vic.%2-800^1-1
Pace Three
:de wish ~ tha~,'r: voa ror referring this matter tc our office
`or hanuJ~_ng.
Yours very tru1 ,
KILLS INCER & COSTST:20
Prc~,ssional Cora. oration
i ///~ yr,~? 7/___
JOHN J. COST,t?~ZO
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Re: LILLIE'=l3.AE fiAY1dES
38l~ l{astsas Avenue
Santa Adonica, California 9t14C~1
(HAYNES vs. CITY flF SAi~iTA
IbdONICAj
SUPPLEAdENTARY REPflItT
Brief exa~inativa et the office revealed persigteat moderate to severe spasm
of lumbar paravertehral muscles with painful restriction of lumbar spiffie attd
straight leg raisi,~ tnation,
The usual. risks and cvmplicativs~ lumt+ar isinfaectvmp with disc excision
were explained to the patient, who elects to have surgical treatment st this
time. AecordiHgiy, she was admitted to St. Vineest )Medical Center, Los
An$e1es, A122180, with surgery seheduted the followtag dap. Amore detailed
neurological esatninatioa was ~rformed at the hospital after admissive,
revealing progressive right L5 sad 31, as well as left LS radiculopa~p.
Additioaailp, is the rigt~ upper eztemity there was actor and sevrp defieit
is righd C8 and c7 rat distribution. Right grip was weak and there was
Clumsiness in using the right hand. Nv fuactio~i or hysterical nturologicsi
maalfestati were anted va eaamiasttvn 4/22/8t'.
2$ April 18~~ -2- Fte: I~LL,IE ~iAE HAY1d~S
The seed for hoeFxitalizatioa at this lime with lumbar ismiaectomp sad disc
eaciaion, as we11 as the seed for future cereicat laminectomp. gists a8 t~
result of the isjuries sus taiaed aboard a ~ate~ 9~osica Bits, 8!15186. There
is ao is for appartioneneat.
28 Agril 1980 -9- Res LlLd~IE LrlAi~ FlAYh3E5
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Enclosure: Ei~Cs report of 4122P80 atx3 5124178
Enclosure: X-ray, paLholes~y+ aex3 operation reporLa of St. Visaceffi ~declicai
Caster Agril 1980.
Enclasure: CatrreaL billing awl s;igne$ lien,