COUNCIL REFUSES TO SETTLE LAWSUIT; HAHN'S ADVICE SPURNED AGAIN.

Byline: Patrick McGreevy Daily News Staff Writer

For the second day in a row Wednesday, the Los Angeles City Council rejected a recommendation by City Attorney James Hahn's office to settle a lawsuit against the city over a 1995 accident in Granada Hills.

The council voted unanimously against the city attorney's proposal to pay $600,000 to Uchenna Ozoh, who sued the city after his car was hit by another vehicle at the intersection of Etiwanda Avenue and San Fernando Mission Boulevard.

Ozoh is seeking $1.5 million, saying the city street was dangerous because the line of sight was obstructed by trees and the curvature of the roadway.

Councilman Hal Bernson, whose district includes the scene of the crash, disagreed.

``It wasn't a bad road condition,'' Bernson said. ``It's in my district. I went out and looked at it personally.''

He said Ozoh went out into the intersection without enough care and without sufficient clearance in the traffic.

On Tuesday, the council rejected a City Attorney recommendation to pay $250,000 to a four-time felon who was hit by a car after running from a drug bust.

The latest case caused some council members to renew calls for their own litigator.

``In the last two days we've rejected two things that we were clearly in a very good position on, yet the city attorney recommended we settle,'' Bernson said.

``Obviously we have some difficulties with getting the City Attorney's Office to give us adequate or proper advice sometimes,'' Bernson added.

Ozoh, 28, was driving southbound on Etiwanda on the afternoon of Feb. 17, 1995, when he allegedly stopped at a stop sign at San Fernando Mission Boulevard. As Ozoh made a left turn, his car was hit in the driver's door by a westbound car driven by Hani Anani, according to a report to the City Council from Hahn's office.

Ozoh had to be pried from the car with a Jaws of Life and suffered a fractured pelvis and permanent brain damage ``manifested by a loss of cognition, attention, concentration, communication and memory,'' Hahn's report says.

The report said that 250 feet east of the intersection, visibility from the intersection is impeded by a curve in San Fernando Mission Boulevard, park trees, shrubbery on private property and parked cars.

A traffic engineer hired by Ozoh concluded that the sight distance was ``insufficient'' and that motorists should be able to see 400 feet to the east for safety.

``During the ten-year period prior to plaintiff's traffic accident, there were numerous citizen complaints regarding visibility problems at this intersection,'' said the report from Hahn, which was drafted by Assistant City Attorney Blanca Z. Hadar.

``Although engineering studies were performed, the documentation is incomplete as to what, if any, visibility and sight-stopping distance studies were made,'' the report added.

The report said the city could argue that Ozoh should have crept out from the limit line to see if it was safe to proceed but that if the case goes to trial, the city could be held liable for receiving prior notice of the sight-distance problem.

Ozoh was a graduate student at UCLA in the film animation program at the time of the crash and his estimated his loss of earnings is about $850,000.

``In view of the plaintiff's confirmed injuries, a verdict in his favor could substantially exceed the amount of the proposed settlement,'' Hahn's report said, adding ``it appears to be in the best economic interest of the city of Los Angeles to accept this offer of settlement.''

However, Councilman Joel Wachs said he was unwilling to pay the large sum after Anani's insurance company paid a settlement.

``I don't think we're at fault,'' Wachs said. ``The problem with this now is the city attorney has gone so far down the road in the process toward settlement it's going to be a lot tougher now to win this one.''

Wachs said the council should have been consulted earlier by Hahn's office before a tentative settlement was reached between attorneys and endorsed by the judge in the case.

``I don't think we fight these cases with the skill we need,'' Wachs said.

Hahn's office declined to comment.

During a closed-session discussion of the matter, Bernson raised the issue of changing the City Charter to split Hahn's office into a criminal prosecutor and a specialized litigator representing the city in civil matters.

Two charter reform panels are weighing that idea, which has been endorsed by Mayor Richard Riordan.

``Obviously the city needs its own legal counsel,'' Bernson said.

The councilman was miffed that the deputy sent down from Hahn's office did not have a firm grasp of the case but still was pushing for a $600,000 settlement.

``I'm concerned that the City Attorney sent somebody down here who got the thing 15 minutes before yesterday and made a recommendation to settle,'' Bernson said.