Facts

Plaintiff Jane Serebrenikov, 52, was wheelchair bound due to muscular dystrophy. She independently boarded Los Angeles County Metropolitan Transportation Authority (LACMTA) bus. The bus driver failed to secure plaintiff's wheelchair or offer her a seatbelt, in violation of LACMTA regulations. The driver then slammed on the brakes to avoid colliding with a pick-up truck that abruptly turned right in front of the bus. Plaintiff was thrown from her wheelchair to the floor, sustaining fractures to both legs.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the bus driver violated LACMTA regulations by failing to offer plaintiff securement of her wheelchair. As a result, when the bus slammed on the brakes, plaintiff was thrown to the floor sustaining serious injury.

DEFENDANT'S CONTENTIONS:
Defendant contested causation and the nature and extent of plaintiff's injuries.

Specials in Evidence

$59,500 none

Injuries

Plaintiff sustained displaced fracture of her left tibia/ fibula, requiring internal fixation. She also had a non-displaced fracture of her right tibia. The fractures healed well, but presented risk of acceleration of osteoporosis and muscular dystrophy.

Result

The matter settled at mediation for $225,000 before Michael D. Marcus of ADR Services Inc.

Other Information

The case originally settled on Dec. 30, 2009; however, the county did not approve the settlement until approximately April 2010. The case was consolidated with Smith v. LACMTA (BC406098), in which another passenger on the bus claimed injuries from the sudden stop. FILING DATE: Feb. 9, 2009.