City Close to $11-Million Pact in Injury Lawsuit

The Los Angeles City Council is expected to approve the largest legal settlement in city history today, awarding $11 million to a man hit by a police car as he crossed a downtown street.

Pedro Espinoza, 52, who witnesses say had the right of way, suffered a serious brain injury when he was hit in the crosswalk at 6th Street and Burlington Avenue. A former trophy-winning salsa dancer and an assistant printer, he is paralyzed and unable to speak, but conscious and able to feel pain. He remains in a rehabilitation hospital.

Los Angeles city attorneys have been engaged in settlement talks with Espinoza’s attorneys for the last two months. Espinoza’s lawyers initially sought $15.4 million, but retired Superior Court Judge Maurice Hogan, who helped mediate the talks, said it would probably take $12 million or $13 million to settle the case, according to a city attorney’s report.

The City Council rejected an offer from Espinoza’s attorneys to accept nearly $13 million in December, but lawmakers are expected to approve the $11-million settlement today, City Hall sources said.

“This is above what we would expect in a settlement but below what we could have gotten from a jury,” said F.X. Sean O’Doherty, a Rancho Cucamonga attorney hired by Espinoza’s friends and family a month after the October 1997 accident. “This would have [gone to] a downtown jury [for trial] and it could have backfired on them.”

In a report for City Council members, Assistant City Atty. Michael K. Fox said the city’s liability in the case is “virtually inescapable” and that Espinoza’s catastrophic injuries could “easily” produce a jury verdict well in excess of the $11-million settlement.

The accident occurred early on a Saturday morning as Espinoza crossed the street with his girlfriend on their way to breakfast. Los Angeles Police Officer Melissa Munguia was stopped at a red light at 6th Street and then made a right turn.

The officer swerved and attempted to brake but was unable to stop in time, according to the city attorney’s report to the council. Espinoza was thrown about 30 feet and landed on his head, the report said. Munguia was on patrol at the time but was not in pursuit of any suspects.

Espinoza’s rehabilitation center bills are running $32,000 a month, with his total medical costs to date approaching $1.9 million.

Some council members who had reviewed the city attorney’s report Thursday said they had questions about the settlement amount, but they believe the city is liable.

Espinoza, who is divorced with four grown children in Mexico, will need 24-hour care. His attorneys do not believe he could withstand a jury trial.

“We would run a risk, given what we know about the case, the dangers of infection,” O’Doherty said.

Espinoza, whose family has been at his bedside since the accident, is able to communicate with slight nods of his head.

“He loved music, dancing,” O’Doherty said. “He also played soccer, but salsa dancing was his weekend pleasure.”

The council is expected to approve the settlement in a closed-session meeting this morning, City Hall sources said.