sr-112779-6hTO: City Council
FROM: City Attorney
SUBJECT: Settlement of the Case entitled Richard Martinez v.
City of Santa Monica, Case No. WEC 44301
INTRODUCTION:
Plaintiff Richard Martinez, age 36, suffered injury to his
left knee on November 10, 1975, after tripping over a defect located
in the alleyway between Bay and Grant Streets, just east of Lincoln
Boulevard. As a result of injuries sustained to his left knee,
plaintiff underwent a total patellectomy (removal of knee bone)
at UCLA Hospital on November 14, 1975. The following staff report
transmits a proposed settlement of Seven Thousand Dollars ($7,000.00).
BACKGROUND:
The fall occurred on November 10, 1975 at approximately 5:15 p.m.
The defect was located in the rear area of the establishment at 2013
Lincoln Blvd; this location is indicated in Pdr. Martinez' claim filed
prior to the bringing of the actual lawsuit, his deposition testimony,
as well as photographs supplied by plaintiff's counsel. The defect
was described by street department personnel as approximately 5 feet by
6 feet in area, within which the alleyway surface is badly broken up;
within that area, there was a depression approximately 2 feet by 3
feet in size and 3/4 inches deep.
Mr. Martinez' fall was allegedly witnessed by Mr. William Garcia
and Mr. Fernando Arenas. Both of these witnesses would corroborate
Mr. Martinez testimony at trial.
D1~JV 2 " 9979
Mr. Martinez would also be able to rely upon his employer, Mr. Fred
Voltz, who in an interview and deposition substantially supports Mr.
Martinez' deposition testimony with respect to the circumstances
prior to his injury.
The defect undoubtedly posed a substantial risk of injury to
persons using the alleyway and cvas therefore "dangerous" within the
meaning of the Government Code. In order to prevail, Mr. Martinez
would also have to show that the City had actual or legally presumed
knowledge of the defect. This could be done either by two witnesses
who could establish that the defective area existed approximately
one year prior to the accident or more effectively by the fact that
in the years prior to this accident there existed no inspection
program for City alleyways.
At the Mandatory Settlement Conference, the Honorable Raymond
Choate recommended settlement in the amount of $7,500, stating that
Mr. Martinez' walking through an unlit alleyway tainted him with
approximately 30~ comparative negligence. This office concurs with
this approximation of Mr. Martinez' fault.
INJURIES & DAMAGES:
Plaintiff incurred the following medical specials:
UCLA Hospital
Santa Monica Hospital
Medical Center
$2,470.20
64.00
TOTAL $2,534.20
The UCLA expenses were incurred over the one-week period in
which he was hospitalized (November 12-November 19, 1975).
The Personal Injury Evaluation Handbook by Jury Verdict Research,
Inc., was consulted regarding examples of recent jury awards for
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patellectomies. The probable jury range was established at $18,000-
$65,000, caith the mid-point verdict set at $33,000.
Mr. Martinez sustained a loss of earnings in the amount of
$2,500.00. At the time of the accident, he was employed as a car
wash attendant at the Wilshire West Carwash, earning $2.65 an hour.
He was discharged to work on April 24, 1976 by the UCLA Orthopedic
Trauma Clinic but did not return to work until approximately one
month later. The loss of earnings figure discounts this one month
delay and is based on Mr. Martinez' six month absence.
In addition, plaintiff contends that he has difficulty with
bending his left leg and that this has resulted in a work demotion and
consequent prospective loss of earnings. General practitioner George
Nicola examined Mr. Martinez in 1977 and disputes plaintiff's con-
tinuing complaint. However, Mr. Martinez' contention, supported
in deposition by his supervisor, Mr. Fred Voltz, is a consideration
which supports the recommended settlement.
ALTERNATIVE SOLUTIONS:
The alternatives are either to approve the settlement or to
reject it and proceed to trial.
RECOMMENDATION:
It is the recommendation of this office that the City Council
instruct the Director of Finance to draca a warrant made payable
to Richard Martinez and his Attorneys of Record, Detrixhe and
Laughlin, in the sum of Seven Thousand Dollars ($7,000.00) in full
and complete settlement of the case entitled Richard Martinez v.
City of Santa Monica, Superior Court Case No. 44301. The settlement
is particularly recommended in view of the fact that it represents
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a total of just twice the UCLA medical expenses, incurred in
surgery involving the total removal of the kneecap, and the bona
fide loss of earnings in the amount of $2,500.00.
PREPARED BY:
Richard L. Knickerbocker, City Attorney
Seth Weisbord, Deputy City Attorney
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