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sr-111180-6ccSSS:YB:MD:TD 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,." ~.i~ F ~µ~i.N `-'ui '~~ 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: -2- 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. r-rnnrr rmiv 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. -3- 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 -4-