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Council Meeting of November 11, 1980 Santa Monica, California
CONFIDENTIAL STAFF REPORT
T0: MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: REQUEST FOR APPROVAL OF TENTATIVE SETTLEMENT
AGREEMENT NEGOTIATED AT MANDATORY SETTLEMENT
CONFERENCE ODt NOVEMBER 3, 1980 BEFORE JUDGE
RICHARD L. P7ELLS, CASE NO. wEC 51669, ANNA
SIhVERSTEIN VS. CITY OF SANTA MOtdICA
FACTS
Plaintiff, Anra Silverstein, age 78, filed suit against
tl~-a City for injuries she sustained as a result of her fall from
the City's Bus No. 4572 on June 21, 1979. Plaintiff alleges that
her fall and subsequent serious injuries necessitating two surgeries
was caused by a combination of the negligence o£ t',^,e Santa Monica
Bus driver and the malfunction and negligent maintenance of t:'~e
bus.
Plaintiff's contentions are substantiated by the work
and repair history or. said bus reported on six separate dates:
1. On March 2, 1979, a driver reported "brakes not
holding when back door open."
2. On March 3, 1979, a driver reported "back door is
not adjusted properly, when it closes it does not always release."
3. On April 2, 1979, a driver reported "brakes not
heldinq when back door open."
4. On April 10, 1979, a driver reported "bus will move
when back door still open."
5, On May 30, 1979, a driver reported "brakes will re-
lease when rear door is open,."
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6. On June 14, 1979, a driver reported "rear door
brake release does not lock brakes when door open."
The last reported incident on June 14, 1979, was ore
week prior to the accident which is the subject matter of this
lawsuit. On that date there was a showing of malfunction of the
automatic rear door braking mechanism. Two to three month after
plaintiff's accident, because of the continuing problems with Bus
No 4572, a decision was made to take it out of service; shortly
thereafter, the bus was eliminated from the City's transportation
fleet.
INJURIES AND DAI~SAGES
As a result of this accident, plaintiff Silverstein
sustained a severe injury to her left leg, described as an
anterior compartment syndrome. An anterior compartment syndrome
is essentially a congestion of the blood vessels causing rapid
swelling, increased tension and potential death of the muscle
tissue of the leg. Mrs. Silverstein underwent two operations
at Century City Hospital. Although she was advised that this
injury might result in the loss of her leg, fortunately she has
made a satisfactory recovery.
Mrs. Silverstein remained hospitalized in the Century
City Hospital for approximately five caeeks. There was an addi-
tional six to eight weeks of residential and out patient care
heccessitated by the seriousness o£ her injuries.
Plaintiff incurred $15,389.90 in medical bills, as
set forth below:
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City of LA Fire Department $ 35.00
Drs. Ellman, Harris & Bliss 1,202.00
(Special Report)
Century City Hospital 12,186.40
LA New Hospital 291.50
Fred Lieberman, bi.D. 1,025.00
Jack D. ?9ax, P?.D. 300.00
Kurt F. Trleiss, M.D. 275.00
TOTAL: $15,389.90
There is no indication in plaintiff's medical history
of any pre-existing condition which might have caused dizziness
or other problems in exiting the bus. Because she was a frequent
passenger on this .line and familiar with the operation of the rear
door an allegation of comparative negligence would not be
applicable.
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The basis of the City's liability is apparent. For a
period of at least two months prior to the date of the accident,
on at least six separate occasions, there were continuing com-
plaints by bus drivers noting malfunctions of the automatic rear
door braking mechanism. A jury could well conclude that is was
below the standard of care to release Bus Nc. 4572 prior to a
determination that is was sufficieiztiy safe to avoid the type of
accident that resulted in plaintiff's injury.
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PRE-'1'RIAli 51TTLEMEPdT NEGOTIATIONS
Prior to the Mandatory Settleme'~ Conference on November 3,
1980, plaintiff's attorney had demanded $100,000.00. we had offered
$35,000.00, subject 'co Council approval. At the Mandatory Settle-
ment Conference, plaintiff dropped her demand to $65,000.00. we
advised plaintiff's attorney that if our $35,000.00 offer. was not
accepted, we would proceed to trial. Additional negotiations with
Judge *.4ells, plaintiff°s counsel, Deputy Ciy Attorneys Yvonne Binstock
and May Denitz were successful in having t?:e plaintiff agree to
accept the $35,000.00 orginally offered. The alternative to
settlement would be to proceed to trial now set for January 26,
198'_.
RFCODIM_F,DJDATI ON
We recommend approval of the settlement of $35,000.00.
In view of the documented medical specials of approximately
$16,000.00 and the potential liability of the City, we feel there
is a potential jury verdict in the area of $100,000.00 to
$150,000.00. Plaintiff is a highly credible person, who undoubtel_y
would evoke great sympathy based upon her age and demeanor. with
the work order and repair frequency of the rear door braking
element introduced into evidence, our defense posture at trial
will be seriously jeopardized.
Prepared by:
YVONNE BIPdSTOCK
Civil Litigation Coordinator
MAY DENITZ
Deputy City Attorney
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