Facts

Plaintiff Jenny Lopez, 28, was walking with her minor daughter at an intersection crosswalk at Cesar Chavez Boulevard across the Union Station in Los Angeles when a Los Angeles County Metropolitan Transportation Authority (LACMTA) bus making a right turn struck her. The bus rolled over plaintiff's foot, causing injury. At the time of the collision, plaintiff was proceeding on a green light.

Plaintiff subsequently sued defendant, alleging negligence.

PLAINTIFF'S CONTENTIONS:
Lopez contended that she entered the crosswalk on a green pedestrian light, and that the bus operator failed to yield to pedestrian traffic at the intersection as she made her right turn.

Lopez contended that she did not dart out into the intersection, and wasn't required to push the pedestrian button since the light was already green. Lopez argued that the bus operator's actions were negligent, which was supported by LACMTA terminating her for gross negligence due to the accident.

DEFENDANT'S CONTENTIONS:
Defendants contended that Lopez darted out into the crosswalk after the bus had started its right turn, and, as such, the bus operator did not see plaintiff as she turned right onto Vignes. Defendants claimed that surveillance footage from the area showed that Lopez failed to push the pedestrian button before she entered the crosswalk, and also failed to look to her left where she would have seen the approaching bus.

Damages

Lopez missed one year of work following the accident, and claimed $25,000 in damages for lost earnings. She further claimed $355,075 in past medical costs, and sought $1,944,916 in future medical care, consisting of surgery, physical therapy, pain management, psychological counseling, medical equipment, diagnostic testing, and a possible nursing assistant. She also sought damages for her pain and suffering. Defendants did not dispute the severity of plaintiff's injuries but disputed the nature and extent of future care.

Injuries

Degloving; skin graft; fracture, foot; strains and sprains; physical therapy; scar and/or disfigurement. Lopez was taken by ambulance to the emergency room from the scene of the accident. She suffered a degloving injury of her left foot, with loss of skin, subcutaneous tissue, facia, muscle, bone, and tendon. An x-ray of her foot further revealed a fracture of medial malleolus, lacerations at the site of the Achilles tendon insertion and the dorsum, inferior subluxation at the first metatarsophalangeal joint, and dislocation of the second metatarsophalangeal joint. Lopez underwent an immediate debridement to remove the dead skin and muscle, and clean the large wound, which she described was very painful. She also had wires placed within her big and second toes to relocate them in place. From April 2010 through June 2010, Lopez underwent multiple surgeries and debridements, in which muscle and skin were removed from her back and thigh, respectively, to reconstruct her left foot. The procedures left her with scars at all three surgical sites. Lopez underwent a MRI in September 2010, which revealed increased signal in the area of the myocutaneous flap, a Grade II strain of the anterial tibial tendon, a split tear through the posterior tibial tendon, complete tears of the superomedial aspect of the spring ligament and tibiocalcaneal ligaments, a sprain of the posterior deep deltoid ligament, bone spurs on the top of the foot, and out-of-place bones on the top of the foot. Lopez claimed the strains, sprains, tears, bone spurs, dislocations, and never damage in her left foot still cause her chronic pain and decreased mobility and range of motion. She claimed she can no longer stand or walk for more than 15 minutes without pain, walks with a limp, and is extremely limited in physical activity, including playing with her children. Lopez's expert orthopedic surgeon recommended a triple arthrodesis to help correct her gait and function, which will improve her condition but not completely correct the issue. Lopez claimed her left foot is now severely scarred and significantly larger than her right foot, requiring special footwear.

Result

Settlement in the amount of $3.5 million.