Facts

During the evening of June 22, 2005, plaintiff Elijah Gbollie, age 52 and unemployed, parked his SUV in the northbound parking lane on La Brea Avenue, between Ellis and Fairview Avenues in Inglewood. Plaintiff had locked his SUV and was walking along his car when he was hit on his side by a bus of the Los Angeles County Metropolitan Transportation Authority (LACMTA). Plaintiff rolled down onto the street in front of his car and lost consciousness. Bystanders ran to plaintiff, fearing he may have been killed.

CONTENTIONS:
Plaintiff sued the LACMTA and the bus driver Ernest Matthews. Plaintiff claimed Matthews operated his bus negligently and violated rule 3.122 of the LACMTA safety rulebook which stipulated that drivers must provide pedestrians with at least 4.5 feet of clearance when they are passing them. Plaintiff argued that Matthews had an entire lane to his left to use in order to avoid hitting him, thus, there was no reason for the accident to have occurred.

Plaintiff sued the LACMTA for vicarious liability as it was clear that Matthews was in the course and scope of employment when the accident occurred.

Injuries

Plaintiff was taken to an emergency room via an ambulance. He was admitted overnight and treated for headaches, confusion, memory loss, neck pain and numbness in his hands. His past medical bills totaled approximately $40,000. Defendants disputed the nature and extent of plaintiff's injuries. They claimed plaintiff's prior brain injury was the cause of his confusion and memory loss.

Result

The parties settled for $150,000.