Maria Ramirez v. Los Angeles County Metropolitan Transportation Authority, City of Los Angeles, Michael Liesenbach
Published: Dec. 15, 2007 | Result Date: Oct. 17, 2007 | Filing Date: Jan. 1, 1900 |Case number: BC317294 Verdict – $21,350
Court
L.A. Superior Central
Attorneys
Plaintiff
Andrew L. Ellis
(Ellis Law Corp.)
Defendant
James T. Biesty
(Biesty, Garretty & Wagner)
Experts
Plaintiff
John M. Muse
(technical)
Antoine Roberts
(medical)
Defendant
Thomas F. Fugger Jr., P.E.
(technical)
Richard C. Rosenberg M.D.
(medical)
Facts
Maria Ramirez, a passenger on a Los Angeles County Metropolitan Transportation Authority (LACMTA) municipal bus, fell when the bus struck a car. She filed suit against the bus driver, Michael Liesenbach, and LACMTA.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that the bus drivers' negligent operation of the bus had caused the accident, and that the force of the collision had caused her to fall to the ground.
DEFENDANT'S CONTENTIONS:
The defendants asserted that the impact did not generate enough force to cause plaintiff to fall. They further claimed that the collision could not have caused plaintiff's alleged injuries. At most, they argued, plaintiff could have sustained minor soft-tissue damage and felt sore. They contended that $7,500 was a sufficient award.
Settlement Discussions
The plaintiff demanded $169,999.
Specials in Evidence
Plaintiff underwent shoulder surgery and extensive chiropractic and medical treatment. she claimed that she needed additional surgeries and treatment. She presented $75,000 in past medical damages. Plaintiff sought $75,000 for future treatment.
Injuries
The plaintiff sustained a torn rotator cuff and soft-tissue injuries to her hands, back, neck, and hip. She also claimed eye irritation and tinnitus.
Result
The jury found only LACMTA liable. It awarded plaintiff $20,000 for her past medical expenses and $1,350 for her future medical expenses for a total of $21,350.
Other Information
The city of Los Angeles was originally named as a defendant but later dismissed from the action. Plaintiff filed a motion for a new trial based on alleged juror misconduct. Plaintiff also filed a cost bill and motion to recover attorney fees. On Nov. 8th 2007, plaintiff's motion for new trial on damages was granted and the matter will be re-tried in 2008.
Deliberation
4.5 hours
Length
three weeks
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