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Wilson v. Los Angeles County Metropolitan11/12/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Defendant Los Angeles County Metropolitan Transportation Authority (MTA) appeals from the judgment entered after a bench trial which found that plaintiff Yvonne Wilson's slip and fall while boarding an MTA train caused her to suffer a serious nerve ailment. Because there was insufficient evidence to support that finding, we reverse and remand for further findings on the issue of her damages.
FACTS AND PROCEDURAL HISTORY
On August 9, 2000, 95-year-old Yvonne Wilson slipped while boarding an MTA Red Line train when the doors closed without warning. Wilson fell backward onto the boarding platform, striking her head against a wall. The fall left her with a painful bump on her head, a bloody elbow, a sore neck and badly bruised buttocks. She was so stiff that for several days she did not go anywhere and did not do much walking. After several days, her soreness lessened but she remained stiff and walked with difficulty. Eventually, Wilson's pain progressed to the point where she could barely get out of bed. She first saw a doctor for her pain and stiffness in October 2000. Several doctors were unable to diagnose or relieve Wilson's suffering until Dr. Alex Chai diagnosed her condition as polymyalgia rheumatica in November 2000. The illness causes pain throughout a person's joints and ligaments. As a result of her condition, Wilson was required to take the steroid prednisone for the rest of her life.
Wilson sued MTA, which stipulated to liability and the fact that Wilson sustained some injuries as the result of her fall, leaving for trial the nature and extent of her damages. Both parties demanded a jury trial, which was eventually scheduled for July 15, 2002. MTA served its proposed jury instructions on July 10, 2002. The trial was continued again until 10 a.m. on July 24, 2002. At 10:03 a.m. on July 24, the court excused an assembled panel of prospective jurors because MTA had not posted jury fees. When MTA lawyer James Wakefield walked into the courtroom just minutes later, he was shocked to see the jurors leave and said he believed the fees had been posted. After checking with his office and learning they had not been paid, Wakefield said his client did "not waive jury" and was ready to post the fees immediately. Wilson's lawyer said she had waived a jury and argued that MTA had done the same by failing to post fees. The trial court agreed and proceeded to try the case itself.
The trial lasted little more than a day, with only two witnesses called - Wilson and Chai. Because Wilson decided not to call any of her treating physicians, MTA subpoenaed Chai to testify about the cause of Wilson's polymyalgia, believing he would testify that there was no medical literature suggesting the condition could be caused by physical trauma. Although Chai did give such testimony, he also said that he believed Wilson's accident triggered her polymyalgia. After taking the case under submission the court entered judgment for Wilson in the sum of $1,364,027.55, as follows: $780,000 for past pain and suffering; $558,000 for future pain and suffering; and $26,027.55 for past medical expenses.
On appeal, MTA contends that the judgment must be reversed because
the trial court abused its discretion by refusing to relieve MTA from
its jury trial waiver. MTA also contends that there was insufficient
evidence to suppo
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