Accident Victim Is Awarded Millions

A pedestrian who suffered permanent brain damage after being struck by a vehicle in a crosswalk near the Hollywood Bowl in September 2002 won a verdict against the city of Los Angeles last week for $11.87 million, one of the larger jury awards in recent years against the city.

Alice Mowatt, then a 19-year-old British student visiting the United States, was hit by a sport utility vehicle as she tried to cross busy Cahuenga Boulevard at night.

As a result of the accident, Mowatt suffered a loss of some memory, some cognitive function and her senses of taste and smell.

She also requires a caretaker, according to one of her attorneys, Ronald H. Rouda of San Francisco. Mowatt briefly testified during the trial.

Her accident received local media attention when one of the police officers who responded to the scene launched an international prayer circle on her behalf that had thousands of people around the world praying for Mowatt to live.

A Los Angeles County Superior Court jury last Friday found that the city of Los Angeles had jurisdiction over the crosswalk and that the city had known the crosswalk was dangerous and should have done something to fix it.

The lawsuit was filed against the city of Los Angeles, the state of California and the driver of the vehicle. The jury awarded the victim more than $18 million, but she will get a lesser amount because of earlier settlements in the case. Before the case went to trial, the state settled for $1.5 million and the driver for $175,000.

“We certainly tried to enter into an agreement to settle the case” with the city “but there was no offer,” Rouda said Thursday.

Gary Geuss, chief assistant city attorney of civil liability for Los Angeles, said the city had made a settlement offer. He also said the city was planning to appeal the verdict because that stretch of Cahuenga is controlled by the state, not the city.

In addition, Geuss said, “There was no evidence in the trial of a dangerous condition existing there.... We felt the jury felt extremely sorry for an extremely sympathetic plaintiff.”

The verdict comes at a politically awkward time for City Atty. Rocky Delgadillo, who is battling Oakland Mayor Jerry Brown for the Democratic nomination for state attorney general.

And last month, a federal grand jury awarded $15 million to three Los Angeles police officers who alleged they were falsely arrested and prosecuted as part of the Rampart corruption scandal.

Over the last three years, however, the city has reduced the amounts it has paid to resolve lawsuits not involving the Police Department. The total was $50.4 million in 2003, $44.5 million in 2004 and $28.2 million in 2005.