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Castillo & Perez vs. SCRTD

Confidential Reports for Attorneys

Number 16

June 28, 1993

Bus turning at 2:00 a.m. in rain hits crossing pedestrians; Male, 42, soft tissue to foot; Female, 34, fractured pelvis and leg

Settlement: $1.5 million

PLTF ATTY: Greene, Broillet, et al., By: Brian J. Panish, Santa Monica

DEFT ATTY: Icie, McNeill & Wyatt, By: Rickie Ivie and Karen McPhee, Los Angeles

PLTF MED’L: Stuart Baumgard, M.D., Orthopedist, Los Angeles; Gary German, M.D., Orthopedist, Whittier

DEFT MED’L: Don Saunders, Orthopedist, Torrance

PLTF TECH’L: Wes Pabst, Accident Recon, Long Beach

DEFT TECH’L: Philip Hight, Accident Recon, Newhall

FACTS Pltf Castillo, a 34-year-old unemployed female, and Perez, a 42-year-old unemployed male, were crossing the street at Ninth and Broadway at 2:00 a.m. in a light rain. A SCRTD bus turned into the one way street striking Pltf Castillo and knocking down Pltf Perez.

PER PLTF: That the bus driver violated the pedestrians’ right-of-way and failed to keep a proper lookout.

INJURIES: Castillo: Fractured pelvis and leg, future surgery; Perez; Soft tissue injury to foot.

DEFENSE: Conteded that Pltfs were improperly crossing the street and failed to avoid the bus.

DEMAND: $2 million

OFFER: None

SPECIALS: $270,000: $150,000 past medical to Castillo; $20,000 to Perez; $100,000 future medical to Castillo.

SETTLEMENT: $1.5 million: $1.425 million to Castillo and $75,000 to Perez. Marcella Castillo and James Perez v. SCRTD L.A. County Superior Court, Los Angeles

CASE No: BC 053 291

DATE: 6/28/93

JUDGE: Hubbel

CRA # 4329

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