City truck runs over beachgoer. $2.3 million. Los Angeles County.
Man sleeping on beach in Long Beach is run over by city truck. City says he should have known that trucks operate where he was sleeping.
- Case Name: Jonathan Soto v. City of Long Beach
- Court and Case Number: : Los Angeles Superior Court / BC 559317
- Date of Verdict or Judgment: Wednesday, June 22, 2016
- Date Action was Filed: Monday, February 24, 2014
- Type of Action: Negligence, Vehicles - vs. Pedestrian
- Judge or Arbitrator(s): Hon. Peter Mirich
- Plaintiffs: Jonathan Soto - 66, male, retired.
- Defendants: City of Long BeachStanley Willie Delaney
- Type of Result: Jury Verdict
- Gross Verdict or Award: $2,328,954.50
- Economic Damages:
- Non-Economic Damages:
- Trial or Arbitration Time: 6 days.
- Jury Deliberation Time: 1 day.
- Jury Polls: 12-0 as to liability and damages.
- Attorney for the Plaintiff:
GIRARDI & KEESE by David R. Lira and Alexandra Steele, Los Angeles.
- Attorney for the Defendant:
Long Beach City Attorney's office by Monte Machit and Nicholas Masero.
- Plaintiff’s Medical Expert(s):
Jacob Tauber, M.D., orthopedics, Beverly Hills.
- Defendant's Medical Expert(s):
Thomas Schmalzried, M.D., orthopedics, Los Angeles.
Facts and Background
- Facts and Background:
On February 4, 2014 at 10:00 am, plaintiff was asleep on the beach when a City pick-up truck operated by defendant Delaney ran over him.
- Plaintiff's Contentions:
That defendant Delaney, in the course and scope of his employment for the City, was negligent in the operation of the City pick-up truck by failing to keep a proper lookout for beachgoers. That plaintiff suffered serious injuries.
- Defendant's Contentions:
Defendants contended that plaintiff was negligent for sleeping on a known truck route on the beach. Defendants also alleged that plaintiff made an excellent recovery with no residual symptoms.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Fractures of the pelvic ring requiring open reduction with internal fixation. Fractures of L1-L4; no surgical intervention.
- Special Damages Claimed - Past Medical: $253,642
Demands and Offers
- Plaintiff §998 Demand: None.
- Plaintiff Final Demand before Trial: $1,600,000
- Plaintiff Demand during Trial: None.
- Defendant §998 Offer: None.
- Defendant Final Offer before Trial: $640,000
- Defendant Offer during Trial: None.