Evelia Renteria v. Los Angeles Metropolitan Transportation
Published: May 24, 2019 | Result Date: Sep. 5, 2018 |Case number: BC616274 Settlement – $45,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Ronald J. Fomalont
(Law Offices of Ronald Fomalont)
Defendant
W. Keith Wyatt
(Ivie, McNeill, Wyatt, Purcell, Diggs, APLC)
Facts
Evelia Renteria filed suit against Los Angeles Metropolitan Transportation in relation to a fall on a public bus.
Contentions
PLAINTIFF'S CONTENTIONS: Renteria alleged that she boarded a bus operated by defendant and began walking toward a seat when the bus accelerated and then stopped, causing her to fall. Renteria stated she was limping on a bandaged foot when she boarded the bus, and claimed the driver should have realized she was moving slowly and would require a longer wait for her to be safely seated. Further, Renteria alleged that the bus driver, as a common carrier, owed its passengers a higher duty compared to a regular driver, and the driver's negligence occurred when it began moving before Renteria was seated rather than when it stopped suddenly soon after.
DEFENDANT'S CONTENTIONS: Defendant claimed Renteria had ample time to reach her seat before the bus began moving, and asserted that the driver had to stop suddenly because of traffic conditions. Additionally, defendant claimed Renteria's knee and back injuries pre-dated the accident and denied the incident aggravated either condition.
Damages
Renteria sought recovery of $21,000 in past medical expenses, along with damages for past and future pain and suffering.
Injuries
Renteria sustained a laceration on her head that required six stapes and a bruise on her upper arm. Renteria claimed the incident aggravated prior bulging lumbar discs and caused or exacerbated a medial meniscus tear in her left knee.
Result
The parties reached a settlement prior to trial and defendant agreed to pay $45,000 to settle Renteria's claims.
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