Facts

On July 28, 2010, Gabriel Gross was a passenger on a bus in Van Nuys when it was broadsided by a tow truck driven by Benjamin Tapia. Gross sued Tapia and Tapia's employer, Top Notch Towing, who was also the owner of the vehicle.

PLAINTIFF'S CONTENTIONS:
Gross contended that Tapia negligently operated his vehicle and that Top Notch Towing was vicariously liable.

DEFENDANTS' CONTENTIONS:
Tapia conceded liability. Defendants disputed that Gross was injured in the collision. Defense claimed plaintiff did not sustain injury as was seen in the MTA's surveillance video.

Damages

Gross asked the jury to award him $69,000 in damages.

Injuries

Tapia's claimed injuries included strains and sprains to his neck and back. He also claimed a torn muscle in his wrist, which caused a ganglion cyst, resulting in carpal tunnel syndrome. Tapia was later diagnosed with a disc herniation, and claimed he had continuing lower back issues. Plaintiff had undergone surgery to wrist for removal of ganglion. Plaintiff claimed he would need future surgery for his torn ligament. Defendant claimed that there was no reported injury at the scene despite paramedic presence. Plaintiff only reported having been injured at MTA Orange Line terminus in North Hollywood over an hour later. Plaintiff was taken by ambulance to St. Joseph's in Burbank, with only lower back complaints, and none about the wrist. Defendant claimed there was no documented mention of plaintiff's wrist in the chiropractor's records until four months later.

Result

The jury found Tapia negligent, but did not find his negligence to be a substantial factor in causing Gross harm.

Other Information

FILING DATE: July 13, 2012.

Length

six days