sr-021081-6vSSS: YB: MD: CZ
Council Meeting of Fenruary 10, 138.1 Santa .,onica, California
CONFIDENTIAL STAFF REPORT
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TO: CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: Request for Payment of Arbitration Award
G4anetta Brown v. City of Santa Monica
Case No. WEC 50420
This arbitration award of $5,554.,.-70 arises out of ari,incicent
which occurred on:~7anuary 2.8, 1975 at approximately ;l :30 p.r~. at .the bus
stop at the corner of La Cienega and Pico Boulevards in Los Angeles.
Plaintiff Wanetta Brown, age 64, a Licensed Practical
Dlurse enroute to her job, alleged that as she attempted to exit the
rear door of the City's bus, the door closed on her shoulders,
catching the strap of her shopping bag. She attempted to attract
the driver`s .attention by knocking on the door. The strap broke
from her bag. as the bus started to move. As a result plaintiff
fell, sustaining a broken right clavicle, a chip fracture of the
left elbow and minor abrasions.
Plaintiff incurred medical bills totaling $1,30G.00.
She complained of continuing pain, discomfort and healing deformities.
Loss of earnings totaled $2,223.00 for 13 weeks.
On October 9, 1980, at the Mandatory Settlement Conference
before Judge Mario Clinco, plaintiff's attorney made a demand of
$10,000.00, which the City refused to meet. Plaintiff declined to
consider the City's counter offer of $3500.00, subject to Council
approval.
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On January F, 19fl1, an arbitration hearing vraslield
before Judge Charles Loring. Deputy City Attorney P4ay Denitz
represented the City's interest. Attached is the arbitrator's
award in the amount of $5,500.00 plus plaintiff's costs of $54.70
for a total of 55,554.70.
It is our recorulendation that the Council authorize
payment of this award, which represents a saving of. aaproxiraately
50°s of t_he original demand rnade by plaintiff at the i•landatory
Settlement Con~erence.
Prepared by:
S'CEPI3EN S. STARK
Acting City Attorney
Y~IOI127E BI.1S TOOK
Deputy City Attorney
:~S.AX UE.JITZ
Deputy City Attorney
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NOTICE T0,IRBITR(170Ro \~f~
This form of award is zug;esteC for your convenience. It may be necessary
to add a second or third page or your aura rd may recuire an award in a
difFerend format In all cases, the document shall be entitled "AWARD OF
ARBITRATOR" Sec. 1747.10 C.C.?.
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 WHOh1 AND AGAINST WHOP21 THE JUDGMENT IS
RENDERED. Please make a disposition as to all parties and cross-
complaints (should there be one) in t}te action.
All money awards should be clearly set forth. It must be clear to any-
one reading the judetttent to whom what sum is due and from whom.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR Tf1E COUNTY OF LOS ANGELES
WANETTA BROWN,
Plaintiff(S{, )
)
vs. )
CITY OF SANTA MONICA, a municipal )
corporation, )
Defendant(~j. )
1
J 8 1981
R CLERK
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NO. WEC 40520
AWARD OF ARBITRATOR
SECTION 1141.1G CCP
The undersigned arbitrator appointed pursuant to the provisions of Section 1141.10 of the Code of Civit
Procedure and Rule 1605 California Rules of Cour, having been duly sworn and having heard the cause
January 8 gl
~ 19 ,and having considered the evidence of the parties,
awards in full settlement of all claims submitted to arbitration as follows:
Judgment in favor of plaintiff Wanetta Brown and against the defendant
City of Santa Monica, a municipal corporation, in the sum of $5,500.
[y~ Costs are awarded to .mac=~ITaae~~t=a_g~at,,~ in the sum of 554.70.
DATED: January 8, 1981
~.
Arbitrator Charles Lori
NOTE: Counsel are 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
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