Olivia Marin v. City of Montebello
Published: Dec. 1, 2012 | Result Date: Nov. 2, 2012 | Filing Date: Jan. 1, 1900 |Case number: GC047937 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Robert B. Gibson
(Gibson & Hughes)
Defendant
Kenton E. Moore
(McCune & Harber LLP)
Facts
On April 20, 2010, plaintiff Olivia Marin, 28, was a passenger aboard a Montebello bus as it approached the last stop at East Los Angeles College. Plaintiff was seated behind the operator. The operator then secured the bus, opened the front doors, and "kneeled" the bus and an alarm sounded. Immediately thereafter, the operator deployed the lift (which folds out the front door from inside the bus) and a second alarm sounded. When the operator kneeled the bus, Plaintiff arose from her seal and began walking forward and stepped into the deploying ramp, scraping her right ankle.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the ramp was deployed in violation of Montebello Bus Lines policy. The operator should have seen Plaintiff approaching.
DEFENDANT'S CONTENTIONS:
Defendant claimed that the operator deployed the ramp consistent with Montebello Bus Lines' policy. The operator could not have seen Plaintiff who approached from behind when a passenger was already waiting at the standee line.
Settlement Discussions
Plaintiff demanded $47,000. Defendant offered $15,000. Shortly before trial, Plaintiff served a CCP 998 demand for $35,000. Defendant responded with the prior offer of $15,000.
Result
Defense verdict.
Other Information
FILING DATE: Sept. 1, 2011.
Deliberation
half hour
Poll
10-2 (negligence)
Length
two days
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