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sr-092579-6pRLK:SKS:ms 9/5/79 Council Mtg: 9/2 '79 CONFIDEidTIAL 3 p 2 6 P97g September 5, 1979 Santa Monica, California TC: City Council FROM: City Attorney SUBJECT: Settlement of Case Entitled Vera C. Steckler v. City of Santa Monica, WE C 59639; Claim ^Io, CSM 78-170 INTRODUCTION Plaintiff Vera C. Steckler, age 50, has sued the City of Santa Monica for personal injuries to her knee when she was walking in the eastbound .crosswalk on Broadway at the Fourth Street intersection. Although the Complaint has not been served upon the City, Paul Robbins of Brown Brothers Adjusters has arrived at a settlement of this case for the sum of Eleven Thousand ($11,OOO.CO) Dollars. Extensive settlement negotiations have taken place between Paul Robbins with the aid of the City Attorne_y's Office and plaintiff's attorney, Clifford R. Cunningham, where plaintiff's demand in April of this year was $20,000.00. ?~4rs. Steckler underwent a partial patellectomy to remove the bone fragments in her knee and to reattach the patellar tendon into the majority of the body of the patella. The following staff re- port transmits a proposed settlement of Eleven Thousand ($11,000.00) Dollars. BACKGROUND The fall allegedly occurred on October 24, 1978 at or about 9:50 A.M. Liability could-easily be found against the City of Santa Monica on the grounds that a dangerous condition existed in the marked crosswal}k. Alex Casillas, Street Inspector, checked the intersection:.. of Fourth Street and Broadway for an irregularity in the pavement and found a depression in the pavement at the north- east corner of Broadway which was approximately 36 inches in diameter _1_ SEP 2 5 1979 RLK:SKS:ms 9/5/79 Council Mtg: 9/<" '79 and about 2-1/2 inches deep at the midpoint. The City has been successful in the past in obtaining judgments in its favor for defects which were less than one inch in irregularity; however, it is the opinion of this office that a 2-1/2 inch depression could point towards liability against the City. Obviously, the plaintiff has a duty to care for her own safety by watching where she is walking and this Office would attribute 25 to 5C percent .comparative liability against her. Photographs of the defect are available for inspection upon request. The plaintiff was interviewed by our investigator and she stated that she stepped off the northwest curb and in so doing stepped into a depression or pothole, thus causing her to fall and in so doing fell on her knee. An ambulance was called for her and the plaintiff was trans- mitted to Santa Monica Iospital. MEDICAL SPECIALS Plaintiff incurred the following medical specials: Schaefer Pmbulance $ 63.00 Santa Monica Hospital Emergency Room 156.75 Los Angeles County Harbor Hospital 369.00 UCLA Hospital & Clinics (medical & surgical supplies) 202.00 UCLA Hospital & In-Patient Clinics 2,420.70 UCLP_ Hospital & Physical Therapy Clinics 334.50 Bus & Cab Fare to UCLA hospital & Clinics 96..00 Dr. Ackerman, Anestheseologist 3.72.00 TOTAL $4,013.95 Dr. Kevin M. Ehrhart, Chief Resident of IJCI,A Orthopedic Surgery, in his report dated April 3, 1979, found. the plaintiff to have suffered from an avulsion fracture of her right patella, the x-rays of which revealed a fracture of the distal inferior pull of the patella. Postoperatively, she was placed iri a cylinder cast in which she remained until 10/20/78, approximately six weeks postoperative. Patient waS started on range of motion exer- -2- RLK:SKS:ms 9/5/79 Council r~tg: 9/ '79 cises and by 2/28/79, her range of motion was from 0 to 110 degrees. He states: "Her prognosis is good. Although she will have a slight limited range of motion, nevertheless, she should have no problem. She may, however, develop some patella femoral-arthritis in the future. Although this cannot be accurately pre- dicted, she indeed has a slightly higher chance than normal." The surgery which was performed resulted in a disfiguring scar across the width of the plaintiff's knee. Photographs of that scar are available upon request. LIKELY JURY RANGES The Personal Injury Evaluation Handbook by Jury Verdict Research, Inc., was consulted regarding examples of recent awards for patellectomys. The following statistics were Found: Midpoint :Verdict ..Range.. Probability Range Verdict Range $33,000.0.0 $17,995.00 - 65,000.00 $10,000.00 - 103,300.00, Average $4.1,398.00 One case listed, a 65 year old plaintiff who incurred $2,000.00 medical specials alleged faulty maintenance of a public street owned by the defendant City when she fell into a hole in the crosswalk. She incurred a fractured patella which resulted in a patellectomy and recovered $36,000.00. (Rehak v. City of Joliet, March, 1976). Verdicts rendered throughout Los Araeles County over the past few years have experienced verdicts which are 20 percent. above the national verdict expectancies whereas the Santa b?onica awards indicate an average at five percent below the national verdict expectancies. Irrespective of the above, it is clear that the midpoint verdict range in regard to a patellectomy is $33,000.00, substantially more than the $11,000.00 settlement. The probability range at trial is $17,000.00 to $65,000.00 and again, the $11,000.00..' settlement is extremely beneficial. Even if one places 50 percent... comparative negligence against the plaintiff, the $11,000.00 sett? -3- _ RLK:SKS:ms 9/5/79 Council Mtg: 9/." '79 ment is economically Feasible. ALTERNATIVE SOLUTIONS The alternatives are either to approve the settlement or reject it and proceed to protracted litigation through discovery and eventual trial. RECOMMENDATION It is the recommendation of this Office that the City Council instruct the Director o£ Finance to draw a warrant made payable to Vera C. Steckler and the Law 0£f ices o£ P.odney E. Moss, a professional corporation, her attorneys of record in full and complete settlement of the case entitled Vera C. Steckler v. City o£ Santa Igionica, 6dE C 59639. PREPARED BY: RICHARD L. KNICKERBOCKER, City Attorney SHARI K. SILVER, Assistant City Attorney -4-