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sr-031081-6sSSS:YB:DII:TD Council Meeting of March lq, 1981 Santa NIOnica, COITFIDENTIAL STAPi' REPOR'T' TO: b~~YOR AtdD CITY COU;VCIL FROM: CITY ATTORIrEY BAR 1 0 19~~ California SUBJECT: Re<iuest for Payr;cent of Arbitration Awards Iarnol<i Richard vs. City of Santa fSonica - :3,500.00 Kenneth Richard vs. City of Santa iionica - $1,625.00 Case"'c1o. C 28286 This arbitration award arises out of a bus accident which occurred on October 10, 1978 near the intersection of Pallas Boulevard and I:elton in yos Angeles. Plaintiffs were passengers, on a Santa Plonica bus driven by David Ilendricks. Plaintiffs allege that tYie driver was inatten- tive and careless as he accelerated his bus and collided into the rear of another Santa PQonica bus directly in front of liirr. Plaintiff A,-nold Richard's forehead came in contact with a metal rail on the bus. As a result of the impact, he sustained a concussion and an injury of the paracervical neci; muscles. Ills medical bills totalled $1,369.00. Plaintiff Kenneth Richard sustained a contusion of the right upper arr:~ with muscle gain. Fiis medical bills totalled $780.00. <)n I~'ebruary 3, 1981, an arbitration hearing c~~as held. David Iielfant, Deputy City Attorney, defended the City's interest at said hear"ing. Attached is the arbitrator's award, in the ar:~ount of $3,500.00 for. plaintiff Arnold Richard, and $1,625.00 for plaintiff ~ V~t3 ~BS 9 A en s.n Kenneth Richard. The arbitrator ordered both parties to bear their own costs. In view of the clear liability on the part of file City and the injuries and medical bills sustained by plaintiffs, it is our recos~raendation that the Council authorize payment of the arbitrator's award Prepared by: 5TliPFLPI S. STARn Acting City Attorney YVUt~TdE BI1fiTOCF: Deputy City Attorney llAVID Fi1:LFAivT Deputy City Attorney -2- so a'id asac?ntl or third papa or your award mey .aqulre an ewerd In a tl(tf d format: In atl cases, the document shall he entitled "AWARD OF a1TRAT0R•'-Sec. 1741.t06C.P. NOTICE TO ARBITRATORS In order that your award may be entered by our Judgment Section, PLEASE CLEARLY SHOW THE FULL NAMES OF THE PARTIES FOR WHOM AND AGAINST WHOM THE JUDGMENT IS RENDERED. Please make a disposition as to all parties and cross- complaints (should there be one) in the action. All money awards should be cleazly set forth. It must be clear to any- one reading the judgment to whom what sum is due and from whom. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES ,RNOLD RICHARD, et al., Plaintiff(s), vs. :ITY OF SANTA MONICA, et al., NO. C 282 846 AWARD OF ARBITRATOR SECTION 1141.10 CCP Arbitration No. 10281 Defendant(s-. The undersigned arbitrator appointed pursuant to the provisions of Section 1141.10 of the Code of Civil Procedure and Rule 1605 California Rules of Court, having been duly sworn and having heard the cause on Februar~r ~ 19~L, and having considered the evidence of the parties, awards in full settlement of all claims submitted to arbitration as follows: IT IS ORDERED THAT Judgment be entered in favor of .plaintiff, ARNOLD RICHARD and against defendants CITY OF SANTA MONICA and DAVID HENDRICKS, and each of them in the sum of Three Thousand and Five Hundred Dollars ($3,500.00); IT IS FURTHER ORDERED THAT Judgment be entered in favor of plaintiff, KENNETH RICHARD and against defendants CITY OF SANTA MONICA and DAVID HENDRICKS, and each of them in the sum of One Thousand, Six Hundred and Twenty-Five Dollars ($1,625.00); IT IS FURTHER ORDERED THAT each party shall bear its own costs of suit. ^ .Costs are awarded to DATED: February 4, 1981. in the sum of S RICHARD S. DIAMOND NOTE: Counsel era reminded that when this award is entered it operates as a final Judgment of the matter. Therefore, when appropriate, a Satisfaction of Judgment should be filed with the clerk of the court