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Personal Injury
Negligence
Passenger

Carranza v. Los Angeles County Metropolitan Transportation Authority

Published: Jul. 8, 2003 | Result Date: Apr. 11, 2003 | Filing Date: Jan. 1, 1900 |

Case number: GC029002 Verdict –  $0

Judge

C. Edward Simpson Jr.

Court

L.A. Superior Alhambra


Attorneys

Plaintiff

Chet R. Bhavsar

Debra L. Koven


Defendant

Sean M. Novak
(The Novak Law Firm PC)

Thomas J. Griffin
(Nelson Griffin LLP)


Experts

Plaintiff

Antoine Roberts
(medical)

Lewis Collin Moore
(technical)

Ned B. Einstein
(technical)

Defendant

Kevin M. Ehrhart M.D.
(medical)

Steven J. Walsh
(technical)

Facts

The plaintiff was a passenger on a bus owned and operated by the defendant Los Angeles County Metropolitan Transportation Authority (LACMTA). On July 25, 2001 at approximately 11:40 a.m., the plaintiff claimed that the bus driver, the defendant Mark Holland, accelerated/decelerated, causing the bus to jerk and knock the plaintiff's feet out from under him. The plaintiff fell on his back while walking to his seat. The defendant bus operator was adamant that the plaintiff suddenly jumped on the ground while the bus was barely moving after he took his foot off the brake. He then applied the brakes to stop the bus.

Settlement Discussions

At a mandatory settlement conference, the defendants offered a waiver of costs. The plaintiff consistently demanded $100,000 up until trial. The defendant submitted a statutory offer to compromise in the amount of $9,999.

Specials in Evidence

$32,000 $12,000

Injuries

The plaintiff contended an extreme exacerbation of his pre-existing neck, back, right hip, left heal, ankle, right arm numbness, headaches, sleep deprivation, depression and anxiety. The plaintiff treated with a chiropractor and an orthopedist. Epidural injections were ineffective. Surgical intervention was a possibility.

Other Information

The defendant's memorandum of costs of $22,923 is pending.

Deliberation

one hour and 45 minutes

Poll

12-0 (liability)

Length

five days


#107423

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