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CONFIDENTIAL
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November 14, 1979
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FROM:
SUBJECT
City Council
City Attorney
Settlement of Case Entitled Hill v. City of Santa Monica
Case No. WEC 43884
INTRODUCTION:
On October 3, 1975, at 5:05 p.m., a City bus was pulling
away from a bus-stop on Lincoln Boulevard, southbound, at Washington
Boulevard. A collision occurred between the City's bus and a 1871
AMC Gremlin, driven by plaintiff, Rosemary Hill, age 29. Plaintiff
incurred medical specials in the amount of $1,329.00, her property
damage and car rental totaled $630.47. The following staff report
transmits a proposed settlement of $4,350.00.
BACKGROUND:
On October 3, 1875, during rush hour, a City's bus was
pulling away from a bus-stop located on Lincoln Boulevard, at
Uashington Boulevard. Plaintiff was proceeding southbound in the
number 2 lane in her 1971 Gremlin. The bus entered the number 2
lane. An independent witness, Shannon Downing, would testify that
the impact of the collision caused two wheels of the plaintiff's
ear to leave the ground.
The City has no basis for a challenge of liability in
this case. §21804 of the California Vehicle Code requires that
vehicles entering traffic must yield to approaching vehicles.
Furthermore, the bus, driver,Margrette Demus, is not currently
available to testify as to the issue of liability, She left her
employment with the City shortly after the accident and failed to
report a change of address to the City Attorney's Office, even
though she was required to do so.
LOSS OF EARNINGS:
Plaintiff claims no loss of earnings as a result of this
incident.
PLAINTIFF'S PROPERTY DAMAGE:
Plaintiff submitted repair estimates and receipts as
follows:
Estimate of repair of body damage $503.82
Replacing tires 48.65
Car rental 78.00
TOTAL $630.47
PLAINTIFF'S INJURIES:
Plaintiff's injuries were diagnosed as:
Severe strain of the cervical spine
Severe post-cervical strain syndrome
Severe contusion oh thoracic spine area
Severe strain of the thoracic spine
Contusions, abrasions and a severe strain of the left
shoulder
Contusions, abrasions and hemotoma of the left chest
Severe strain of the lumbosacral spine
Contusions and severe strain of`the -left-knee
Contusions and abrasions of the left leg
Anxiety and tenseness as a secondary result of the
physical injuries.
Plaintiff was treated initially by Dr. Samuel Perry
who referred plaintiff to Dr. Viboch for further treatments. Dr.
Viboch sent the plaintiff to the Brentwood Physical Therapy.
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Plaintiff claims a residual problem with the use of her left arm.
She claims that she continues to suffer from a restricted use of the
arm and pain when heavy lifting is attempted.
PLAINTIFF'S N;EDICAL SPECIALS:
Dr. Samuel Perry $440.00
Dr. Viboch 312.00
Dr. Jares (X-rays) 65.00
Brentwood Physical Therapy 512.00
TOTAL $1,328.00
Of the $1,329.00 in medical specials, $770.00 was for therapy.
REASONS FOR SETTLEMENT:
Due to the violation of statute and unavailability of
the bus driver, the City is not in a position to dispute liability.
Plaintiff suffered numerous injuries and is claiming a residual
problem. Judge Feinerman, in a mandatory settlement conference
on November 1, 1979, estimated the true range of this ease at
$4,500.00 to $7,500.OG. Settling of this case will avoid the cost
of a trial as well as exposure to a potentially higher verdict.
AT~TFRNATTVF, SOTdiTTON
The alternatives are either to approve this settlement of
to reject it and proceed to trial. A trial date of November 19,
1979 has been vacated in order for the Council to consider this
settlement.
RECOMMENDATION:
It is the recommendation of this office that the City
Council instruct the Director of Finance to draw a warrant made
payable to Rosemary Hill and her attorney,. William Detrixhe in the
sum of $4,350 in full and complete settlement of the case entitled
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Hill vs. City of Santa Monica, Superior Court Case No. WEC 43884.
Prepared by: Richard L. Knickerbocker, City Attorney
PRiehael Miller, Deputy City Attorney
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