Dina Ramirez-Flores v. Los Angeles County Metropolitan Transportation Authority
Published: Apr. 22, 2006 | Result Date: Jan. 26, 2006 | Filing Date: Jan. 1, 1900 |Case number: BC322581 Settlement – $1,600,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jonathan Cook
(medical)
Sandra Schneider
(medical)
Clifford Bernstein
(medical)
Larry Miller
(medical)
Defendant
Joshua P. Prager M.D.
(medical)
Robert W. Chandler
(medical)
Facts
Plaintiff Dina Ramirez-Flores, age 54, was on a Los Angeles County Metropolitan Transportation Authority (MTA) bus as it traveled on the 110 Freeway. The driver of the bus, Elizabeth White, exited the freeway too fast, causing the bus to go out of control as it attempted a left turn at the bottom of the offramp. During its left turn, the bus first struck another car and then a cement barrier. Plaintiff fell out of her seat and injured her right hand. She sued the MTA and White, alleging negligence.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the accident was caused by White who was driving too fast after she exited onto the off-ramp of the highway. The plaintiff's surgeon, Jonathan Cook, contended that had plaintiff's injury been properly diagnosed as a dislocation rather than a sprain, Cook could have treated the plaintiff's hand properly. Clifford Bernstein, a pain management physician that also treated plaintiff, contended that plaintiff suffered from reflex sympathetic distrophy. Other witnesses for plaintiff contended that her hand would not recover fully and she would be disabled.
DEFENDENTS' CONTENTIONS:
The defense disputed the extent of plaintiff's injuries. Specifically, Joshua Prager, a defense expert pain management specialist, contended that plaintiff only suffered from chronic pain syndrome and could recover with rehabilitation.
Specials in Evidence
$3 million, including pain and suffering.
Injuries
Plaintiff suffered a dislocated right wrist and torn ligaments. As a result of not being able to use her right arm, plaintiff claimed she began experiencing pain in her right shoulder.
Result
The parties settled for $1.6 million during mediation.
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