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Personal Injury
Bus Incident

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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