Seffert v. Los Angeles Transit Lines

Facts

Plaintiff’s right hand and left foot were caught when the door of a bus that she was attempting to board closed suddenly. Plaintiff was then dragged for some distance before being thrown to the pavement. As a result of this incident, Plaintiff suffered severe injuries. She had nine operations and was told that she may still have to have her left foot amputated. In an attempt to save the foot, several skin grafts were performed, but Plaintiff’s left heel remained severaly disfigured and had an open and continuously draining ulcer. Doctors then severed nerves and tied off blood vessels in the foot, placing Plaintiff in an awkward cast for a month while skin from her thigh was grafted onto her foot. After all of these procedures and eight months in the hospital and treatment centers, Plaintiff remained permanently disabled and expected continued pain and medical care for the rest of her life. At the time of the accident, Plaintiff had been a 42 year-old file clerk making $375 a month. Plaintiff eventually returned to work. In her lawsuit against Defendant, the bus line, Plaintiff claimed past and future medical bills and lost earnings of $53, 903.75. She also sought $100 in pain and suffering for each of the 660 days between the accident and the trial and $2000 in pain and suffering for each of the 34 years Plaintiff was expected to live. The jury found for the Plaintiff and awarded her the $187,903.75 she sought. Defendant moved for a new trial and when the trial judge denied it, appealed, arguing that the damages awarded were excessive.