California Verdicts

Plaintiff(s):

Edward James Delaney (Male, 49 Years)

Plaintiff Attorney(s):

Walter H. Walker III;
Walker, Hamilton & Koenig LLP;
San Francisco,
CA,
for
Edward James Delaney ■ Clarissa E. Kearns;
Walker, Hamilton & Koenig LLP;
San Francisco,
CA,
for
Edward James Delaney

Plaintiff Expert(s):

Neil Raskin;
M.D.;
Neurology;
San Francisco,
CA called by
Walter H. Walker III, Clarissa E. Kearns ■ Barry Ben-Zion;
Ph.D.;
Economics;
Santa Rosa,
CA called by
Walter H. Walker III, Clarissa E. Kearns ■ Rajeev Kelkar;
Ph.D.;
Biomechanical;
Mountain View,
CA called by
Walter H. Walker III, Clarissa E. Kearns ■ Ronald Ruff;
Ph.D.;
Neuropsychology;
San Francisco,
CA called by
Walter H. Walker III, Clarissa E. Kearns ■ Thomas Yankowski;
M.S., C.V.E.;
Vocational Rehabilitation;
Oakland,
CA called by
Walter H. Walker III, Clarissa E. Kearns ■ Dongmei Yue;
M.D.;
Psychiatry;
San Francisco,
CA called by
Walter H. Walker III, Clarissa E. Kearns ■ Kenneth Akizuki;
M.D.;
Orthopedic Surgery;
San Francisco,
CA called by
Walter H. Walker III, Clarissa E. Kearns ■ Jonathan Mueller;
M.D.;
Neurology;
San Francisco,
CA called by
Walter H. Walker III, Clarissa E. Kearns

Defendant(s):

Phyllis Felicia Magdaluyo, 

City and County of San Francisco

Defense Attorney(s):

Mark D. Lipton;
Office of the City Attorney;
San Francisco,
CA,
for
Phyllis Felicia Magdaluyo, City and County of San Francisco ■ Cheryl S. Adams;
Office of the City Attorney;
San Francisco,
CA,
for
Phyllis Felicia Magdaluyo, City and County of San Francisco

Defendant Expert(s):

Rudy Degger;
Accident Reconstruction;
Pleasant Hill,
CA called by
Mark D. Lipton, Cheryl S. Adams ■ Sean Shimada;
Biomechanical;
Davis,
CA called by
Mark D. Lipton, Cheryl S. Adams ■ James Soong;
Neurology;
San Francisco,
CA called by
Mark D. Lipton, Cheryl S. Adams ■ Joanna Berg;
Psychology/Counseling;
Oakland,
CA called by
Mark D. Lipton, Cheryl S. Adams

On May 17, 2012, at approximately 7:15 p.m., plaintiff Edward James Delaney, 49, a computer technician, was a passenger on a San Francisco Municipal Railway bus on his way to play in a softball game. After he disembarked the bus about two blocks away from the fields and walked a few yards to the intersection of 16th Street and Kansas Street, Delaney entered a crosswalk and was struck by the same bus he exited as the bus was making a right turn. Delaney claimed injuries to his head and right shoulder. Delaney sued the city and county of San Francisco and the bus driver, Phyllis Magdaluyo. Delaney alleged that Magdaluyo was negligent in the operation of the bus and that the city and county of San Francisco was vicariously liable for Magdaluyo’s actions through the course and scope of her work. Delaney claimed that he entered the crosswalk when the pedestrian light turned green and that he was struck by the bus as it made a right turn on a red light, knocking him out of the crosswalk and causing him to land on the front of his body. The accident was recorded by the bus video camera, which depicted Delaney immediately getting to his feet, looking at the bus and then sitting on the curb, where he texted his teammates that he would not be able to make the game. Magdaluyo claimed that Delaney crossed on a red light at the subject intersection. The defendants initially disputed liability, but ultimately focused their attention on disputing causation.

Delaney was taken by ambulance to an emergency room, where he underwent imaging studies. When the MRIs showed no sign of a skull fracture or intracranial bleeding, Delaney was discharged home. However, he claimed he experienced incapacitating headaches and vestibular problems as a result of the accident. Delaney subsequently underwent multiple tests, evaluations and medication trials before he was ultimately diagnosed with post-traumatic migraines and a vestibular disorder, an inner ear disorder that affects the body’s balance. Delaney also claimed an extensive labral tear of his right shoulder, for which he underwent arthroscopic surgery. Delaney claimed he tried several times to return to work — where he was earning approximately $94,000 per year — but could not do so due to his incapacitating headaches. He also claimed he is still undergoing treatment for post-traumatic headaches with a neurologist and is in a therapeutic program for his vestibular disorder, so his ability to ever return to work full-time is unknown. He further claimed that he was a superb amateur athlete before the accident, but that he had to give up all athletic pursuits due to his condition. Thus, Delaney sought recovery of $64,389 in past medical costs (post-Howell), $13,500 in annual future medical costs, $101,695 in past lost earnings, and between $54,000 and $844,000 in future lost earnings. He also sought recovery of damages for his past and future pain and suffering. Defense counsel concentrated its argument on there being no evidence of a traumatic brain injury, which Delaney initially claimed prior to the alleged diagnoses of post-traumatic migraines and post-traumatic vestibular disorder. Defense counsel also argued that Delaney’s problems were psychological and perhaps related to substance abuse.

The parties agreed to a $1.25 million settlement, which was finalized via the guidance of mediator Patrick Mahoney, of JAMS.

Judge:

Patrick J. Mahoney

Cynthia M. Lee

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.