Facts

On July 22, 2013, at 11:26 a.m., Liu Ung Ma Won, 81, was struck by a 2009 Peterbilt 320 trash truck, owned and maintained by the City of Los Angeles. Defendant Danny Castro drove the truck. Won was run over while walking in the marked crosswalk of North Broadway and Avenue 22 in the City of Los Angeles. Won sustained fatal injuries.

Plaintiff Wai Pang Wan, Won's son, brought this action against defendants, alleging wrongful death.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Castro had pulled to the right side of North Broadway just east of Avenue 22 in order to park his vehicle so he could get out and take his lunch break. However, the curb in that area was red and another vehicle pulled behind him before he was able to park. As such, Castro decided to pull through the intersection and park on the west side of Avenue 22. Castro did not wait until the crosswalk was clear prior to pulling from the curb and proceeded forward failing to yield to decedent. Plaintiff argued that had Castro not been distracted, and had he been paying proper attention the collision would never have occurred.

DEFENDANT'S CONTENTIONS:
Defendants contended that Castro did not see the decedent prior to the collision because the decedent must have fallen in front of the subject truck prior to the subject impact. Defendants argued that decedent's entire body must have been lower than the bumper of the subject truck because the first point of contact was the bottom of the front bumper.

Damages

Plaintiff claimed loss of love, comfort, affection, society and moral support of his late mother, as well as non-economic damages.

Injuries

Won sustained massive crush trauma resulting in her death.

Result

The parties settled for $2.5 million at mediation.

Other Information

FILING DATE: Feb. 18, 2014.