Facts

On Feb. 11, 2014, Marleni Berrera, 42, was walking her nine-year-old daughter Caroline Barrera to the Citizens of the World Charter School, in Los Angeles. As they were walking through the crosswalk on North Bronson Ave., they were struck by a truck driven by Dennis Lara. Lara was employed by Larry Bowman Trucking Inc. Marleni ultimately died from her injuries, and Caroline was hospitalized for her injuries and later released.

The Los Angeles Unified School District, the Los Angeles County Office of Education, the County of Los Angeles, and the City of Los Angeles were all later dismissed.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Lara negligently operated his vehicle and that Larry Bowman Trucking was vicariously liable. They also contended that Citizens of the World Charter School negligently maintained the intersection, creating a dangerous condition.

In their second amended complaint, plaintiffs asserted causes of action negligence, negligent hiring/retention/training/supervision, negligent infliction of emotional distress, negligence (premises liability), and that the intersection designed and controlled by the City of Los Angeles constituted a Dangerous Condition of Public Property.

DEFENDANTS' CONTENTIONS:
Lara admitted fault. Citizens of the World contended that the city was at fault for the collision. The city brought a motion for summary judgment based on design immunity and no dangerous condition, which was unopposed, and the City of Los Angeles was dismissed.

Result

Plaintiffs settled with Lara and Larry Bowman Trucking for $1 million and with Citizens of the World for $2 million.

Other Information

FILING DATE: Sept. 9, 2014.