. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.

ARTICLE ID 7329

$________ Motor Vehicle Negligence/Products Liability - Intersection accident involving school bus and van results in death of rear seat van passenger - Van allegedly equipped with defective lap belt - Child suffers fatal abdominal injuries in two-vehicle accident involving van and school bus - Injuries allegedly caused by defective lap belt.

Los Angeles County, California

This action arose out of a two vehicle accident involving a school bus and a van, resulting in the death of the 15-year-old female decedent, who was seated in the rear of the van at the time of the impact. The minor decedent was wearing a lap belt which was allegedly defective and which the plaintiff alleged directly caused the decedent’s fatal injuries. Suit was brought against the owner of the bus which violated the right-of-way of the van. A cross-claim was filed against the manufacturer of the van in which the lap belt had been installed.

In November of ________, the plaintiff’s daughter was a rear seat passenger in a van being driven by her 16-year-old brother, who entered an intersection as a school bus was making a left turn, resulting in a collision. The decedent was wearing the lap belt provided by the manufacturer and incurred serious abdominal injuries requiring hospitalization and prolonged wound care. She was discharged after five weeks in the hospital and later admitted in January of ________, with fevers and infection. She died as a result of necrotizing fasciitis and other complications.

The plaintiffs’ van entered the intersection on a green or yellow light. The bus driver violated the right of way of the host vehicle by commencing a left turn before the intersection cleared. The plaintiffs sought wrongful death damages for the loss of their 15-year-old daughter. No medical specials were claimed.

@TITLEHD = DEFENDANTS’ CONTENTIONS The plaintiff had contended that the light turned yellow and then p 7 3 red for the bus operator and that the bus operator drove through the red light into the intersection, violating the van’s right of way. The defense argued that the evidence demonstrated that the plaintiffs’ van appeared to be slowing prior to entering the intersections where the impact occurred. The school bus defendants asserted that the accident should have been survivable and that the decedent’s death was the result of severe abdominal injuries caused solely by the defective lap-belt in the vehicle manufactured by the cross-defendant.

The case settled prior to trial for $________. The bus driver defendant had initially offered $________ and the plaintiff had initially demanded $________.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.