This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Bus v. Bicycle
Negligence

Mayra Bravo v. Los Angeles County Metropolitan Transportation Authority

Published: Jun. 17, 2017 | Result Date: May 9, 2017 | Filing Date: Jan. 1, 1900 |

Case number: BC572129 Verdict –  Defense

Court

L.A. Superior Chatsworth


Attorneys

Plaintiff

John D. Henrichs
(Law Offices of Mark H. Aprahamian)

Mark H. Aprahamian


Defendant

Lindsay P. Lang
(Briskin Latzanich & Pene LLP)

Jeffrey F. Briskin
(Briskin Lane & Pene APC)


Experts

Plaintiff

Martin M. Balaban Ph.D.
(technical)

Farshid F. Hekman
(medical)

Defendant

Thomas F. Fugger Jr., P.E.
(technical)

Steven J. Nagelberg M.D.
(medical)

Facts

On April 4, 2014, at approximately 2:35 p.m., plaintiff Mayra Bravo was riding her bicycle on southbound Vermont Ave. near the intersection of Rosewood Ave. when a bus owned and operated by defendant Los Angeles County Metropolitan Transportation Authority made contact with her and her bicycle, causing her to fall to the ground.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that the negligence of the metro bus operator caused her injuries.

DEFENDANT'S CONTENTIONS:
LACMTA denied its bus operator was negligent, or that its bus operator caused plaintiff's alleged injuries, and disputed the nature and extent of plaintiff's alleged injuries, if any at all.

Settlement Discussions

Plaintiff's demand was $175,000.00 and LACMTA's offer was $37,500 at mediation. At a second mediation, plaintiff's opening demand was $293,075. Plaintiff's final demand at mediation was $148,500 and LACMTA's final offer was $50,000. A statutory offer was served by LACMTA for $50,000. During trial, LACMTA offered $75,000 and was summarily rejected by plaintiff. In argument, plaintiff asked for $300,000 for pain and suffering and $42,000 for economic damages.

Injuries

Plaintiff treated for soft tissue type injuries and claimed that her right shoulder rotator cuff tear, and the corrective surgery, was caused by the accident. Plaintiff also claimed injuries to her face, head, left shoulder and lower back. Defendant contended that the right shoulder rotator cuff tear and resulting surgery was not caused by the subject accident.

Result

The jury rendered a verdict on behalf of LACMTA.

Other Information

FILING DATE: Feb. 11, 2015.


#113614

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390