Carasso v. San Diego Transit

Topic: Personal Injury Sub topic: Bus v. Bicycle
Sub-sub topic: Negligence
Settlement: $7 million (lump sum payment)

Attorneys:
Plaintiff- Eric F. Yuhl, Yuhl, Rhames, Yuhl & Atkinson, La Jolla
Plaintiff- Michael R. Rhames, Yuhl, Rhames, Yuhl & Atkinson, Santa Monica
Plaintiff- Christopher P. Yuhl, Yuhl, Rhames, Yuhl & Atkinson, Santa Monica
Defendant- Roger Bingham, Butz, Lucas 8 Dunn, San Diego
Defendant- Douglas M. Butz, Butz, Lucas & Dunn, San Diego

Medical Experts:
Plaintiff- Robert Brizendine Ph.D., neuropsychologist, San Diego
Plaintiff- Richard Alan Brown M.D., orthopedic surgeon, La Jolla
Plaintiff- Donna Crowley M.D., physiatrist, San Diego
Plaintiff- Sam Filiciotto M.D., emergency room medicine/trauma, La Jolla
Plaintiff- Deniz J. Gocken M.D., reconstructive surgeon, La Jolla Plaintiff- Randall Hicks M.D., psychiatrist, San Diego
Defendant- William E. Bowman Jr. M.D., orthopedic surgeon, San Diego
Defendant- Jonathan Jones M.D., reconstructive surgeon, San Diego
Defendant- Sharon Kawai M.D. M.D., physiatrist, Fullerton
Defendant- Stephen A. Ornish M.D., psychiatrist, San Diego

Technical Experts:
Plaintiff-Thomas L. Black Ph.D., human factors, Rancho Santa Fe
Plaintiff- Edmund R. Cababa accident reconstruction, Orange
Plaintiff- Neal Carter investigator, Burbank
Plaintiff- Sean Collinsworth bicycle safety, Ojai
Plaintiff- John S. Fabian bus safety/operations, Schenectady
Plaintiff Mark Gomez Ph.D., biomechanical engineer, La Jolla
Plaintiff- Robert B. Hall Ph.D., rehabilitation, La Mesa
Plaintiff- Cary P. Mack economist, San Diego
Plaintiff- Neil Spingarm physical chemistry, Santa Ana
Plaintiff- Harry C. Thielen investigator, Long Beach
Plaintiff- Barbara Thompson rehabilitation, San Diego
Plaintiff- Nanci Washbum modeling, San Diego
Defendant- Marie Anderson Boyd modeling, Chicago
Defendant- Gerald P. Bretting P.E., bicycle safety, EI Segundo
Defendant- David A. Casteel accident reconstruction, San Diego
Defendant-James Doi Ph.D., physical chemistry, EI Segundo
Defendant- Colleen Harmon M.S., C.R.C., rehabilitation, San Diego
Defendant- Mark S. Sanders Ph.D., CHFP, human factors, Encino
Defendant- Charles Vermillion San Diego Police Dept. investigator/reconstruction, San Diego
Defendant- Robert H. Wallace CPA, economist, San Diego
Defendant- Richard Walsh accident reconstruction, San Diego
Defendant- Jeffrey Wheeler M.S., biomechanical engineer, EI Segundo

Facts: On Aug. 2, 1996, plaintiff, a 23-year-old Dutch student who had been in the United States on a student visa and was working in a research program at University of California San Diego (UCSD), had just completed purchasing some personal items in a nearby shopping center. While plaintiff was riding her bicycle northbound back toward the UCSD campus, she was struck by a transit bus. The plaintiff brought this action against the defendants based on negligence.

Contentions: The plaintiff contended that the defendant bus driver failed to see her as he angled the bus to the right for the next stop; that this driver had a history of questionable competency and a checkered driving history; that physical evidence proved that at no time did plaintiff deviate from a safe and appropriate path of travel; that she had the right-of-way; and that the accident could only have occurred by defendant's bus driver overtaking and then striking plaintiffs bicycle, de-stabilizing it and throwing plaintiff underneath the bus. The defendants contended that the accident was entirely plaintiffs fault, consistent with a detailed police department on-scene investigation and report: The defendant designated police officer Vermitlion as one of its reconstruction experts. His report concluded that plaintiff was solely responsible since she failed to stop for the red light at the intersection, instead making what is euphemistically referred to as a "dipsey doodle" move, i.e., in this case, a right turn onto Holiday Court, followed by a looping U-turn with immediate re-entry onto northbound Via La Jolla Drive, in order to avoid having to stop for the red light. The defendants also contended that the physical evidence, including certain marks on the right bumper of the bus, was consistent with materials/paint transferred from the bicycle, and that this proved that the plaintiff cut in front of the bus at approximately a 45=degree angle, providing the bus driver no opportunity to take evasive action. The defendant further argued that this was compounded by the fact that plaintiff rendered herself nearly invisible to the driver when she performed the "dipsey doodle" maneuver. The defendants further contended that plaintiff would have no restrictions from full time future work activities provided minimal accommodations were made. The defendants claimed plaintiff's modeling career was over before the accident occurred and that she had no reduced earning capacity and thus no future economic loss.

Injuries: The plaintiff suffered a total degloving injury on right leg, partial degloving on left leg, right tibial plateau fracture, right open ankle fracture, and comminuted open tibial and fibular fractures of left leg, and psychological trauma and depression.

Specials in Evidence: MEDS $700,000; Future MEDS $400,000 ($15O,OOO per defense); LOE & Future LOE $800,000 - $1.4 million

Settlement Discussions: The plaintiff made a settlement demand for $12 million. The defendant made an initial offer of $2.5 million. There were no settlement discussions until approximately six weeks before the trial date, at which time talks commenced directly between defendants' excess carrier and plaintiffs counsel.

Other Information: The settlement was reached approximately two years after the case was filed.