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Personal Injury
Auto v. Bus

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

Maureen Duffy-Lewis

Court

L.A. Superior Central


Attorneys

Plaintiff

Ronald A. Marks


Defendant

Sally G. Kushner


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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