Martin Luther King Aubrey v. Los Angeles County Metropolitan Transportation Authority, and Does 1 through 50
Published: Dec. 13, 2014 | Result Date: Aug. 15, 2014 | Filing Date: Jan. 1, 1900 |Case number: BC466503 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Ron A. Rosen Janfaza
(Law Offices of Ron A. Rosen Janfaza)
Defendant
Katherine B. Pene
(Briskin, Lang & Pene APC)
Experts
Plaintiff
Bahman Omrani
(medical)
Defendant
Marvin Pietruszka M.D.
(medical)
Robert A. Wilson
(medical)
Facts
Martin Aubrey sued the Los Angeles County Metropolitan Transportation Authority, in connection with a motor vehicle incident that occurred on Nov. 2, 2010.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he was attempting to board defendant's bus when the driver suddenly, and without warning, accelerated. Plaintiff was left hanging on the bus, with the door open, as the bus traveled fast along the Interstate 110 South near the Slauson Ave. Station. Plaintiff sustained injuries as a result of being dragged several feet at a high rate of speed before the driver stopped. Plaintiff alleged that defendant was liable for its driver's conduct.
DEFENDANT'S CONTENTIONS:
Defendant disputed plaintiff's allegations and denied any wrongdoing. Metro contended the incident did not happen as alleged and that plaintiff's story changed from time to time and was contradicted by the testimony of his son, his wife, as well as the bus operator. Defendant also disputed the extent of plaintiff's injuries, claiming they were caused by a pre-existing condition and/or from old back injuries.
Settlement Discussions
Aubrey demanded $50,000 in settlement, which the MTA countered with a CCP 998 offer of $7,500.
Damages
Aubrey requested $64,000 in past medical costs, $100,000 in future medical costs, and $450,000 in damages for pain and suffering.
Injuries
Aubrey allegedly suffered an umbilical hernia. Although he underwent surgery to repair the hernia, he continued to suffer lower back pain. He treated his pain with epidural injections and physical therapy.
Result
The jury found in favor of the MTA.
Other Information
FILING DATE: July 29, 2011.
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